If you’ve recently suffered from a catastrophic injury and you’re looking for compensation, you’ve come to the right place. For someone who has recently been involved in an accident that has resulted in a mental or physical injury, our experienced personal injury lawyers are here to help you get compensation.
Find out more about making a personal injury claim with the catastrophic injury lawyers at Owen Hodge. For a law firm in Sydney you can trust, look no further.
What is a catastrophic injury?
A catastrophic injury is one that requires significant long term medical treatment, usually accompanied by some form of permanent impairment. Some people who suffer from catastrophic injuries can make a recovery with proper medical attention, but others may suffer from substantial permanent disability, even shortening a person’s life expectancy. If compensation is not received for catastrophic injuries, the physical and financial strains can be devastating.
Learn more: Total and Permanent Disablement
Life time Care and Support Scheme (LTCS)
The Life time Care and Support Scheme (LTCS) was introduced in New South Wales (NSW) to provide no fault treatment and care benefits to people who sustain catastrophic injuries of motor vehicle accidents in NSW.
The scheme applies to children under the age of 16 years from 1 October 2006 and for adults from 1 October 2007. Anyone catastrophically injured before those dates is not entitled to any benefit under the scheme.
Applicability of the scheme
To qualify for the scheme, the LTSC Authority must be satisfied that there is a catastrophic injury which will involve the following:
- Spinal cord injury
- Brain injury
- Multiple amputations
- Severe burns
- Permanent blindness in both eyes
There are 3 ways to become part of the scheme:
- One can elect to become a participant in the scheme
- The insurer can nominate the victim for inclusion in the scheme
- The Motor Accident Authority can direct an insurer to nominate the victim for inclusion in the scheme
Benefits of the LTCS
The LTCS Authority is required to pay all the treatment costs of the members of the scheme. The benefits include medical, dental, rehabilitation, domestic assistance, aides, prosthesis, education, vocational training and care (including respite and attendant care).
The scheme also provides benefit to those who have sustained catastrophic injury by their own fault or contributed heavily to the circumstances of their own injuries. Previously such injured persons were unable to claim any compensation at all.
Disadvantages of the LTCS scheme
The disadvantage of the scheme is that all catastrophically injured persons will have to take part in the scheme and they need to go to the Authority each time they require an approval for any treatment or care. Further, the future treatment and care costs are paid by the LTCS Authority. Thus, the scheme takes away the ability from an injured person to personally consult with a doctor about the best treatment available.
Disputes in relation to the LTCS
All disputes in relation to the scheme are determined by an assessor appointed by the LTCS Authority. There is no provision for participants to appeal to a court.
The LTCS Authority will make decisions in relation to the future care and treatment and disputes. If there is a disagreement with the assessment of the Authority, then it must be referred to an assessor for determination. The only right to appeal for an assessor’s decision is before a panel of 3 other assessors all of whom are appointed by the Authority.
Experienced personal injury lawyers
Owen Hodge has an experienced team of personal injury lawyers who can advise and assist you with your catastrophic injury claim. Our team has extensive knowledge in the field of injury compensation, so you can trust that we will guide you in the right direction. If you need any assistance, please contact us today at 1800 770 780.
Frequently asked questions
A non-catastrophic injury or illness is one that you can expect to make a full recovery from. However, a catastrophic injury leaves long-term damage, either physically or mentally.
Usually a claim needs to be made within 3 years of the date of the accident.
Learn more: Personal injury claim time limits