Impairment Benefit

  1. Regardless of who caused the accident you may be entitled to lump sum compensation if your injuries cause a permanent impairment of 11% or more to your whole body.
  2. Generally impairment cannot be assessed until 18 months from the date of the accident, and only then if your injuries have stabilised.
  3. Impairment is assessed in accordance with an American medical publication known as the AMA Guides - 4th Edition.
  4. An application must be made to TAC to assess impairment within 6 years from the date you became aware of injury. If no application is made within time you may be barred from claiming an impairment benefit.
  5. TAC will contribute towards your legal costs if a lawyer assists you in making a successful application for an impairment benefit.
  6. If you wished to dispute TAC’s impairment decision you have 12 months to lodge an appeal with the Victorian Civil and Administrative Tribunal.

Suing for Compensation – Common Law

  1. If you are injured as the result of the fault of another driver you are entitled to sue for compensation if you have a serious injury.

Serious injury means:

(a) the TAC assesses your permanent impairment at 30% or more or;
(b) the TAC or Court are satisfied that you have suffered a serious injury, meaning:-

  • serious long term impairment or loss of body function, or
  • permanent serious disfigurement, or
  • severe long term mental or behavioural disturbance, or
  • loss of a foetus.
  1. The impact of your injuries upon your enjoyment of life and/or work capacity is looked at when determining ‘serious injury’. You should consult a lawyer for expert advice on this aspect.
  2. Legal proceedings must generally be issued within 6 years from the date of accident otherwise your right to sue for compensation may be lost.

Galbally & O’Bryan can help you claim lump sum compensation.

Contact us now, or email Nicholas O'Bryan directly at

The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner