If you are entitled to victims compensation for compensable injuries, you may also be entitled to compensation for financial losses incurred as a direct result of any compensable injuries sustained.
Financial losses you may claim include actual expenses, actual loss of earnings, and loss of personal effects.
The maximum amount of financial loss that may be paid is $10,000. This amount comes out of the maximum potential pool of $50,000 per claim. Read more about limits on expenses that can be paid.
Financial loss will only be awarded if compensable injuries equal to or above the threshold ($7500) are established. This does not apply to certain expenses that are allowed under the Victims Assistance Scheme.
Financial loss is not payable if you have received, or are entitled to receive, payment for that loss under any insurance, agreement, or under any other Act or law.
You must provide documents in support of any claim for financial loss.
Future expenses are not awarded under the Act.
After your application has been determined, no further claim for financial loss can be considered.
In addition to expenses, you may be able to be reimbursed for disbursements that you have had to pay in connection with lodging your application.
Actual loss
Have you claimed for actual losses for medical expenses? You can only claim victims compensation for expenses which will not be covered by Medicare or by private health insurance:
You must first claim all medical consultations through Medicare and your private health insurer. If the medical procedure/consultation does attract rebates and you have not provided us with details of these rebates, you may not be awarded the cost claimed OR the amount claimed may be reduced by 75% to reflect an estimate of what you might receive if that rebate was claimed.
You should provide receipts or invoices for all expenses claimed.
Loss of earnings
The compensation assessor can only award a certain amount for loss of earnings. The assessor has to follow the amounts set out in the Workers Compensation Act 1987. This Act has a table which shows what amounts can be awarded for each week you are absent from work.
It is important to remember that if you were medically unable to work as a result of the injuries suffered in the act of violence, then sick leave/pay from work, holiday pay, or sickness benefits claimed from Centrelink may mean that no additional loss of earnings can be paid by the Tribunal.
You should provide a letter from your employer confirming you did not work for the period for which you are claiming, and the pay that you lost as a result.
Loss of personal effects
Does the application include a claim for loss of personal effects? If so, you can only claim for items worn or carried and that were damaged or lost at the time of the act of violence. The maximum amount of compensation for loss of personal effects is $1,000. (This is part of the maximum $10,000 allowed for expenses).
You should provide proof of the repair cost or replacement cost of the items claimed e.g receipt or quotes.
Limit on expenses
The maximum amount that can be awarded for expenses, that is loss of earnings, actual losses, or loss of personal effects (personal effects is capped at $1,000), is $10,000. The amount awarded for expenses is also subject to (or included in) the maximum amount of compensation payable ($50,000). This means that if you are awarded $50,000 for your injuries you will not be able to claim an additional amount for expenses.
You will not be able to claim these expenses unless you also meet the compensation threshold. That is, you must have compensable injuries to the value of $7,500 as calculated under the Schedule of Injuries. There are also some prescribed expenses available under the Victims Assistance Scheme if your injuries do not meet the threshold.
What are disbursements?
Disbursements are reasonable amounts you have had to pay in connection with lodging your application. They include the cost of obtaining any medical reports or records you provide, including ARW reports.
The maximum allowed for disbursements is $1,100 (plus GST where applicable). This amount is not included in the maximum amount of compensation payable ($50,000).
Disbursements will be considered at the time your application is finalised.
Relevant Legislation and Further Reading
s.18, Victims Support and Rehabilitation Act 1996
Workers Compensation Act 1987