TAC Loss of earnings / Loss of earning capacity benefits
If you are an earner and you are unable to work because of your
injuries suffered in your transport accident, the TAC must pay you
loss of earning benefits. Under the law you may be considered an
'earner' even if you were a seasonal worker or you were not working
at the time of the accident.
Do you qualify as an earner by the TAC?
To qualify as an earner you must be:
- at least 15 years of age, and
- have been in full time or part time employment at:
- anytime during 8 weeks immediately before the accident, or
- during a period or periods equal to at least 13 weeks during
the year immediately before the accident, or
- during a period or periods equal to at least 26 weeks during
the 2 years immediately before the accident, and
- you must not have retired permanently from all work before the
accident.
You will also be considered an earner if you had entered into an
employment arrangement with an employer prior to your accident and
were due to start work in accordance with that arrangement.
What must the TAC pay?
If you are unable to work because of your injuries, the TAC must
pay you loss of earnings benefits for the first 18 months following
your accident. This is the case whether or not you are fully or
partially incapacitated for work.
You must submit a medical certificate from your treating doctor
to the TAC before payments will be made.
The TAC must pay you 80% of your average pre-injury weekly
earnings. When calculating your loss of earnings rate, the TAC must
take into account certain changes in your employment such as
promotions or increases in wages or hours worked by you. The TAC
cannot pay you below the minimum or above the maximum weekly rate
prescribed under the law.
Please note that the TAC is not liable to pay the first five
days of lost wages, unless there is acute financial hardship.
If you are still unable to work after 18 months following your
accident, the TAC must pay you loss of earning capacity benefits
for the period up to three years after your accident. If you were
not an 'earner' at the time of your accident but were planning on
returning to work then you may be entitled to receive loss of
earning capacity benefits for this period.
What happens after three years?
Your entitlement to lost wages will cease after three years
unless you have suffered a level of whole person impairment of 50%
or greater.
The TAC may also contribute to lost wages incurred beyond three
years if you have to take further time off work because of a
surgical procedure relating to your injuries.
Want to know more?
Our team of expert TAC lawyers are happy to advise you on your
situation during a free first consultation. For advice and help
with a claim, click
here to be to be contacted by a member of our team or call
1800 810 812.