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An injured person in a motor vehicle accident is entitled to statutory benefits. These benefits can be income support payments, medical expenses and/or vocational rehabilitation programs while you recover.
You may be a casual worker, contractor, earning intermittently, a student or an apprentice. By law, you are entitled to these benefits regardless of your earning situation.
Ms Y was a casual cleaner. One day when she was hit by a car while crossing the road.
Her CTP insurer had paid her a few weeks of wages. However, one day her insurer decided to declare that she had ‘earning capacity’ and stopped all her payments.
However Ms Y was still suffering from her injuries. She was clearly not ready to work.
Earning Capacity does not refer to how much you were actually earning, but how many hours your insurer think you are capable of earning. It is not surprising to see that insurers are very eager to push you back to work by pressuring you and your treatment providers.
Ms Y came to us to seek help and with our diligent support, the insurer had to determine Ms Y as having no earning capacity and her wage payments were resumed by the insurer.
However, please note that after six months your income support payments will end if:
- you were at fault / most at fault or
- your injuries are assessed as ‘minor’ (as defined in the legislation).
If you are not at fault and suffering from a not-a-minor injury (physical OR psychological), you will continue to receive income payments for two years on the condition that you have an ongoing loss of earning capacity.
Contact us today for a FREE consultation on your CTP claim!
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