How Australian Capital Territory values an injury
There is no single payout figure for an injury. In Australian Capital Territory the amount depends first on which scheme applies, because each sets its own rules for what can be claimed and how pain and suffering is scored.
Road accidents
The quality of life lump sum needs 5% or more whole-person impairment. A common law damages claim needs 10% or more whole-person impairment and proof that another driver was at fault, or a serious injury finding.
Work injuries
No-fault benefits: weekly payments, medical and rehabilitation expenses, and a lump sum for permanent impairment. A common law damages claim against a negligent employer has no impairment threshold in the ACT, and it runs under the Civil Law (Wrongs) Act 2002. The general limit is 3 years.
Public liability and medical negligence
Negligence must be proved. The ACT has no statutory threshold or cap on general damages for public liability, so awards follow common law principles. The limitation period is 3 years.
The parts of a payout
- General damages for pain, suffering and loss of enjoyment of life. This is what the calculator above estimates, and it is the part most affected by state thresholds and scales.
- Past and future economic loss: lost wages so far, reduced earning capacity for the rest of your working life, and lost superannuation. For serious injuries this is usually the largest component and can run to seven figures.
- Treatment, care and equipment: past and future medical costs, rehabilitation, aids, home and vehicle modifications, and the value of care from family.
What moves the number
Your age and occupation, because future income loss is calculated to retirement. Whether the injury is permanent and how it scores under the state’s impairment or injury scale. Any contribution you made to the accident, which reduces damages proportionally. And the quality of the medical evidence: a claim settles on what can be proved, not what happened.
Time limits
Lodge the defined benefits application with the insurer within 13 weeks of the crash (late applications need a reasonable excuse). A quality of life benefit is assessed once you reach maximum recovery. Common law proceedings must start within 3 years. Work injury claims have their own lodgement step: Notify your employer as soon as possible and lodge the claim form with the employer, who passes it to the insurer.