If you are injured in a motor vehicle accident after 1 October 2007 and the injuries that you sustain in the accident are very severe, you may become a participant in the Lifetime Care and Support Scheme (the LTCS). Unlike the CTP scheme which is fault based, the LTCS operates on a no-fault basis, meaning that you will be entitled to receive benefits under the scheme even if you cannot prove that someone else was responsible for the accident.
The following injuries may qualify for eligibility into the LTCS, depending on the severity of the injuries:
- Brain damage;
- Spinal cord injury;
- Multiple amputations;
- Severe burns;
If you become a participant in the LTCS, the LTCS Authority will fund your medical treatment, equipment, home modifications and care needs for as long as you remain a participant in the Scheme. Your eligibility for the Scheme will be reviewed within 2 years of the date of the accident. At that time if you have made a good recovery you may be discharged from the Scheme. Alternatively, you may be accepted as a lifetime participant in the Scheme.
What happens if I am accepted in the LTCS Scheme?
If you are accepted as a lifetime participant in the LTCS scheme then the LTCS Authority will continue paying for your treatment and care needs for the rest of your life.
Additionally, provided that you can prove someone was responsible for the accident, even if you may be partially at fault, you can still bring a CTP claim for compensation for non-economic loss and economic loss.
What happens if I am not accepted into the LTCS Scheme?
If you are discharged from the Scheme then you will be entitled to claim compensation for the care and treatment expenses the LTCS Authority would have otherwise been responsible for, as well as non-economic loss and economic loss.
If you or someone you know has suffered serious injuries in a motor vehicle accident, you may be eligible for acceptance into the LTCS Scheme. To arrange a free, no-obligation assessment of your claim, please do not hesitate to call Stacks Goudkamp on 1800 25 1800, or alternatively, make an online enquiry to speak to one of our friendly solicitors.
Written by Tom Goudkamp.