How Tasmania values an injury
There is no single payout figure for an injury. In Tasmania 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
Common law damages for pain and suffering under the Civil Liability Act 2002 (Tas) have a minimum severity requirement and an indexed cap. MAIB income benefits are paid at 85% of pre-accident earnings for 104 weeks then reduce.
Work injuries
No-fault benefits: weekly payments on a stepped scale, medical and rehabilitation expenses, and a lump sum for permanent impairment of 5% or more. A common law damages claim against a negligent employer needs a whole-person impairment of at least 20%. The general limit is 3 years.
Public liability and medical negligence
Negligence must be proved. Non-economic loss is only payable above a threshold amount and is capped, both indexed. The general limitation period is 3 years from discoverability.
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
Report the crash to police and give MAIB written notice of injury within 12 months (within 3 months where section 16 applies, for example if you were unlicensed or affected by alcohol). TASCAT cannot extend the notice period. Common law proceedings must start within 3 years. Work injury claims have their own lodgement step: Notify your employer, get a workers compensation medical certificate, and lodge the claim with the employer within 6 months.