How compensation works in Tasmania
Every state runs its own schemes, and Tasmania is no exception. Which one applies depends on where you were hurt, not how badly: a crash goes through the Motor Accidents Insurance Board (MAIB) under the Motor Accidents (Liabilities and Compensation) Act 1973, a work injury through WorkSafe Tasmania under the Workers Rehabilitation and Compensation Act 1988, and an injury on someone else’s property or in a public place is a negligence claim under the Civil Liability Act 2002 (Tas). Our panel lawyers in Hobart work across all of them.
Road accidents
Tasmania runs a no-fault scheme for scheduled benefits: MAIB pays medical, hospital, income and care benefits whoever was at fault, including single-vehicle crashes, and common law damages are available on top where another driver was negligent. 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). The thresholds, caps and the no-fault cover for catastrophic injuries are set out on the Tasmania road accident page.
Injuries at work
Workers in Tasmania are covered by WorkSafe Tasmania under the Workers Rehabilitation and Compensation Act 1988, which pays income support, treatment and a permanent impairment lump sum without proof of fault. Where the employer was negligent, a common law damages claim may also be open; the impairment thresholds and lodgement steps are on the Tasmania work injury page.
Public liability
Injuries in shops, rental properties, parks and public places are negligence claims under the Civil Liability Act 2002 (Tas). Proof, thresholds and the evidence that decides these cases are covered on the Tasmania public liability page.
Medical negligence
Claims against doctors and hospitals need expert evidence that care fell below a reasonable standard and caused harm; how that works in Tasmania, including time limits, is on the Tasmania medical negligence page.
Time limits in Tasmania
The court deadline for most personal injury claims is three years, but the dates that actually decide claims are the earlier notice and lodgement steps set out above. Missing one does not always end a claim, but it hands the insurer an argument and makes everything harder. If you are unsure where you stand, the free check above takes two minutes.
What you can claim
- General damages for pain, suffering and loss of enjoyment of life, where the state threshold is met
- Economic loss: income already lost and future loss of earning capacity, including superannuation
- Treatment and care: medical, rehabilitation, equipment, home modifications, and care provided by family
- Dependency claims for families where an accident was fatal