The Australian Government’s COVID-19 Vaccine Claims Scheme has now launched and we have created this handy guide to explain what you can claim for and how to do so.
As discussed in our previous article, ‘What would a covid-19 no-fault claims scheme mean for you?’, this is a no-fault claims scheme, meaning that you can make a claim for injury without needing to prove someone has done something wrong. There are however still strict parameters determining who is eligible to apply for compensation under the scheme.
Who can apply?
People who received a TGA approved COVID-19 vaccine on or after 21 February 2021 and have suffered a moderate to significant adverse reaction diagnosed by a treating doctor are eligible. The list of adverse effects covered under the scheme include:
- Anaphylactic reaction;
- Thrombosis with thrombocytopenia syndrome;
- Myocarditis;
- Pericarditis;
- Capillary leak syndrome;
- Demyelinating disorders including guillain barre syndrome;
- Thrombocytopenia, including immune thrombocytopenia, identified as a final diagnosis; and
- Specified administration related injuries.
Types of claims
This scheme comprises of three claim ‘tiers’, each with different thresholds and requirements. The three tiers are:
- Tier 1: a claim in relation to harm (not death) ranging from $1,000 to $20,000;
- Tier 2: a claim in relation to harm (not death) of $20,000 of more; and
- Tier 3: a claim in relation to harm that caused, or materially contributed to, the death of a COVID-19 Vaccine Recipient
For tier 1 and 2 claims, you must have been hospitalised for at least one night (or otherwise professionally treated if hospitalisation was not possible) and be able to prove that this was due to the vaccine-related injury as well as provide evidence of medical costs and lost wages.
What can be claimed?
Past and future loss as well as pain and suffering are the main things that will be claimed. In the COVID-19 Vaccine Scheme, the different tiers allow for different compensation to be claimed.
For Tier 1 and 2 claims, you can claim the following compensation:
- Out of Pocket (medical) Expenses;
- Lost Earnings;
- Pain and Suffering;
- Gratuitous and Paid Attendant Care Services; and
- Loss of Capacity to Provide Domestic Services
For Tier 3 claims, the following components can be claimed:
- Funeral expenses; and
- Dependant or Non- Dependant Lump Sum Payment
Submitting a claim
If you believe you meet the criteria for a claim, you can either opt to have a claim submitted on your behalf, by a family member or legal representative for example, or you can submit it yourself through your Medicare online account, mobile app or by emailing or posting application forms to Services Australia.
You will be required to submit the following documents with your claim:
- A statement of what happened from your perspective;
- A COVID-19 vaccine claims scheme medical report from your doctor;
- Proof you were admitted to hospital; and
- Proof to support the amount you are claiming (invoices/receipts) and how you calculated the amount.
For tier 2 and 3 claims, and even complex tier 1 claims, we recommend seeking legal advice before making a claim. Personal injury claims can be deceptively complex and we want to make sure you are claiming for all your entitlements and that your rights and interests are protected.
How can elringtons help you?
Our team of personal injury lawyers are here to help you with any aspect of the scheme, from understanding your rights to putting together and submitting your claim to Services Australia. We will assess your individual circumstances and assist in claiming for the maximum amount of compensation available to you.
To contact one of our expert lawyers or to make an appointment in either our Canberra or Queanbeyan office, contact us today:
p: +61 2 6206 1300 | e: Info@elringtons.com.au
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