TAC Compensation Calculator.

9 April 2024

Injury and Rehabilitation, Motor Vehicle Accident

If you’re injured in a motor accident in Victoria, you could be entitled to benefits and lump sum compensation. And, depending on your level of impairment, these lump sums can be significant.

However, it can be hard to know what you’re entitled to, or how your TAC compensation is calculated. It’s also important that you get the right legal advice – if you simply accept the TAC’s decision on your claim, you could miss out on significant entitlements.

In this article, we break down the different TAC benefits and lump sum compensation available and provide a simple explanation of how they’re calculated, including tables you can use to calculate lump sum entitlements. We also provide tips on how to make sure you don’t miss out on lump sums you may be entitled to.

Man on phone enquiring about TAC compensation after a car accident.

If you’re just looking for a quick way to calculate your impairment benefits lump sum, you can jump straight to this compensation calculator table.

TAC compensation – what you need to know.

Many people come to us for help with their TAC compensation claims – here are the three most common situations we come across:

You’ve been injured, but not yet made a claim.

If you haven’t started your claim yet, this article will help you work out what you may be entitled to claim and how your compensation will be calculated.

You’ve made a TAC claim but want to know about additional lump sums.

There are different lump sums you may be entitled to, depending on the extent of your injuries and who was at fault in your accident. These are explained in this article, along with how they’re calculated.

The TAC has determined you’re not entitled to lump sum compensation.

It’s quite common for the TAC to determine that injuries are not classified as ‘serious’. However, if your injuries haven’t been assessed correctly, there are options open to you to appeal this decision, and we can help. Read on to learn more.

How do I calculate my TAC compensation?

According to the TAC, the average TAC compensation payout in 2021-22 was just under $36,000. However, the average paid out for serious injury claims (e.g. traumatic brain and spinal injuries) was $2.25 million*. So, you can see that compensation payouts can vary enormously, and calculating your TAC compensation can be quite complicated. It also illustrates how critical your injury assessment is.

The first thing to understand is that there are potentially three components that make up your total compensation. It will be calculated based on your entitlement to:

1- TAC benefits

This includes wage and treatment benefits.

2- A common law lump sum

This may include amounts for past and future loss of earnings and an amount for pain and suffering.

3- A permanent impairment lump sum

This is an additional one-off lump sum.

Not everyone is entitled to all three of these amounts but read on to learn what you may be entitled to, and how the amounts are calculated.

*https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do

TAC benefits – what can I claim?

TAC benefits are available to anyone injured in a car accident in Victoria, regardless of who was at fault.

Your total benefit amount will be calculated based on your expenses and losses, including:

Your medical treatment costs – such as hospital, ambulance, and surgery.
The cost of services you need to recover -such as physio, chiro and exercise physiology.
Income support if you can’t work because of your injuries.

TAC compensation – can I claim a common law lump sum?

If you have a ‘serious injury’ and someone else was at fault (or partly at fault), you may be eligible for common law compensation. This is a lump sum to compensate you for the impact the accident has had on your life.

You’ll need to have your injuries assessed, and obtain a Serious Injury Certificate from the TAC, or confirm you have an impairment of 30% or more.

The following is an indication of some common law compensation caps that apply to your calculation:

Common Law	Amount*
Threshold (minimum amount)	$63,880
Maximum Pecuniary Loss (loss of past and / or future earnings)	$1,438,310
Maximum Pain/Suffering	$639,200

There’s no set schedule of amounts for common law compensation. Pecuniary loss is calculated based on your loss of past and future earnings, which is determined by factors like your level of impairment, your earnings, and your age. Pain and suffering is more subjective and compares your situation with the ‘most extreme case’.

To make a common law claim you’ll need a personal injury lawyer who specialises in TAC claims. Our Victorian lawyers have a strong track record with TAC claims – in fact, we win over 99% of our cases.

*According to tac.gov.au as of April 9, 2024

TAC compensation – can I claim an impairment benefit lump sum?

If you have a permanent physical or psychological condition caused by your motor accident, and your impairment assessed at 11% or more, you can claim an additional one-off permanent impairment lump sum.

Your lump sum will be calculated based on your level of impairment, which will need to be assessed by a doctor. So, it’s critical that this assessment is done correctly to make sure you receive your full entitlement.

In the next section, we’ve included a table you can use to calculate your impairment benefit based on your level of impairment.

If you’d like to know if you’re entitled to a permanent impairment lump sum, or need help with your lump sum claim, you can call 13 15 15 and get free legal advice from one of our TAC compensation lawyers.

TAC compensation calculator for impairment benefits.

You can use this table to calculate an estimate of your impairment benefit lump sum, based on your level of impairment:

Level of Impairment	Impairment Benefit*
11 – 20%	$9,010 – $22,370
21 – 30%	$26,930 – $48,890
31 – 40%	$51,330 – $74,290
41 – 50%	$75,730 – $98,390
51 – 60%	$101,240 – $127,330
61 – 70%	$130,610 – $160,130
71 – 80%	$163,410 – $195,930
81 – 90%	$202,430 – $267,780
91 – 100%	$280,850 – $411,470

*Section 47 Lump sum benefit for accidents on or after 16 December 2004, as of 1 July 2023

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Example of TAC compensation calculation.

One way to gain a better understanding of how your TAC compensation will be calculated is to look at an example of a compensation payout.

Grace was a passenger in her friend’s car on their way to a soccer game when they were t-boned at an intersection. The driver who hit them had been looking at his phone and hadn’t noticed the oncoming car. While Grace’s friend was luckily uninjured, the other car hit the passenger door, which crumpled, and crushed Grace’s left arm.

Grace is left-handed, and the injury damaged her elbow and shoulder, making it difficult to write, pick up her toddler, or even carry things at the grocery store. She was initially assessed as only having 6% impairment, which was far from the 30% required to receive a common law lump sum, so she didn’t think she was eligible. She also lives in Brisbane, so she wasn’t sure if she could make a claim with the TAC.

“Speaking to a lawyer was the best decision I ever made,” she says now. “Law Partners just made the whole process so easy; I don’t think anyone could have gotten me a better result.” Despite the initial assessment of her injuries being only 6% impairment, we successfully disputed the TAC’s decision to get the injury classified as ‘serious’. This meant that she was able to go on to claim pain and suffering, and her economic losses while she couldn’t work, as well as having her treatment costs covered. Grace’s final settlement amounted to $230,000.

How can I find out more about my TAC compensation entitlement?

Law Partners is Australia’s largest specialist personal injury firm, with a team of car accident and TAC compensation and specialists in Melbourne. You’re welcome to call us for free legal advice, and when you’re ready to make your claim we’ll work for you on a no win, no fee basis. We win over 99% of our cases.