Set out how long Victorian loss-of-earnings benefits can continue
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the 18-month maximum on the payable-for policy, and keep the eligibility page's week figures as tests of who was an earner before the accident. Do not enter those weeks as a cap on continuing payments. Leave the selecting facts for the lawyer.
- What the lawyer must review
- Use the payable-for policy for duration, not the earner tests
- Do not enter a week count the eligibility page does not state as a cap
- Leave the selecting facts for the lawyer
- Health and wage records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. Loss-of-earnings benefits under the Transport Accident Commission policies.
Produce. A list of the duration the sources state, with the selecting facts left for the lawyer.
Have ready. Accident date and any manifestation date; Certificates of capacity; Pre-accident work history; Whether pecuniary-loss damages have been received.
Example of the limit. Illustrative example: The list records a maximum of 18 months from the accident date on the payable-for policy. It does not turn the pre-accident earner tests into a cap on payments. The lawyer decides whether the certificates support the period.
Stop and hand it back when
- The accident date or the certificates are missing.
- A continuing week count from another scheme has been entered.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the 18-month maximum on the payable-for policy, and keep the eligibility page's week figures as tests of who was an earner before the accident. Do not enter those weeks as a cap on continuing payments. Leave the selecting facts for the lawyer. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The payable-for policy states a maximum of 18 months from the accident or from when the injury first manifested, where certificates support the incapacity. A person who still has a loss of earning capacity after 18 months may receive loss-of-earning-capacity benefits if the ordinary criteria are met.
- The eligibility page uses the earner tests only to describe who was an earner: employment at any time during the 8 weeks immediately before the accident, or at least 13 weeks in the year before it, or at least 26 weeks in the two years before it. Do not enter those figures as a cap on continuing payments.
- When pecuniary-loss damages are received, the common-law policy says ongoing loss-of-earning-capacity benefits cease. It cites section 53(2) for certain no-fault benefits ceasing on settlement or an award.
- A person receiving benefits can become ineligible if they no longer have a transport-accident incapacity for work. Certificates are still required. The lawyer decides whether the incapacity continues.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New South Wales motor accident weekly statutory benefits worksheet | Other | AI use Yellow | Worksheet for weekly statutory benefits under the Motor Accident Injuries Act 2017 (NSW) sections 3.6 to 3.12 and Schedule 1. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Transport Accident Commission: Who is eligible for loss of earnings benefits · 2026-10-23
- Transport Accident Commission: How long loss of earnings benefits are payable · 2026-10-23
- Transport Accident Commission: Claims for common law damages · 2026-10-23
The 18-month maximum is on the payable-for policy. The eligibility page does not state a continuing-payment week count. The text of section 53 was not opened.