Back to News & Advice

Covid 19 Vaccine Scheme: Are You Eligible? – Q&A Lawyer Feature

Q&A Lawyer Feature Article written by Lan Mai and co-authored with Tanya Neilson from Guardian Injury Law

It was so delightful to be able to interview and co-author this article with Tanya Neilson from Guardian Injury Law on the topic of ‘Covid-19 Vaccine Scheme – are you eligible?’.

Article Summary Points:

The Covid-19 Vaccine Scheme introduced in mid-December 2021 is a new but highly appropriate scheme.

It substantially lessons the pressure on people seeking compensation for adverse reaction caused by the Covid-19 vaccine.

To be eligible, a claimant must have suffered from an identified injury caused by an approved Covid-19 vaccination that falls within the list of clinical conditions set out by the policy.

These are specific injuries that must be diagnosed, hence, claimants are those who have genuinely sustained adverse effects from the vaccine.

Claimants are required to have a doctor complete a medical report which is a prescribed medical form provided by Services Australia.

The report requires the doctor to provide an opinion and cause or link with regards to the relationship between the injury and Covid-19 vaccine.

Is seeking professional advice necessary?

It is important to seek professional advice since claimants generally do not understand the complexity of the scheme which is divided into categories or Tiers as follows:

Tier 1: Claims for past and future loss of no more than $15,999 and a pain and suffering award of 25% of the past and future loss claimed., .

Tier 2: Claims of $16k or more for past and future loss and a % of pain and suffering capped at the maximum payment of $692k.

Tier 3: Claims for the estate of people who have passed away as a result of the vaccine.

Professional advice is therefore necessary to help applicants understand the full suite of entitlement that can be claimed.

This could potentially lead their application to be classified as a Tier 2 claim in order to access a higher amount of pain and suffering.

Unfortunately, many claims have been lodged without professional advice and as a result, expenses that expand into the future such as medical treatment, physiotherapy, medicine, care expenses and lost wages are overlooked.

By engaging professional advice such as those from Guardian Injury Law, a claimant may substantially reduce the level of stress in conducting the application process themselves.

It also means that the firm can add significant value by increasing the amount of compensation available to ensure their clients are appropriately compensated.  ^

Summary of the Claim Process

Discuss with the treating doctor any relationship between the claimant’s injury and the Covid-19 vaccination received.

It is important to have a supportive treating doctor.

Obtain professional advice to achieve the most desirable outcome.

Gather all necessary evidence to support claims for all past and future loss including medical evidence, medical expenses, evidence with regards to work capacity and lost wages as well as statements from family/loved ones with regards to the impact of the injury upon the individual.

Once all material is gathered, claims can be appropriately prepared, submissions drawn and lodged with Services Australia.  ^

This Q&A Lawyer Feature post does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area.

If you have a specific question or you’d like to let us know what you need help with, head to our Talk to a Lawyer search resource and find the right lawyer for your needs.

No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Legally Yours Pty Ltd accepts or assumes responsibility, or has any liability, to any person in respect of this article.