Since 1 October 2007 people injured in road accidents in NSW who sustain very severe injuries may become participants in the Lifetime Care and Support Scheme (the LTCS) to receive medical treatment and domestic assistance. Unlike the compulsory third party (CTP) scheme for personal injury compensation which is fault based, the LTCS operates on a no-fault basis. This means that if you were seriously injured in an accident, 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?
If you are accepted as a lifetime participant in the LTCS then the LTCS Authority will continue paying for your accident related treatment and care needs for the rest of your life.
The LTCS will cover the cost of your treatment and domestic assistance in full, without making a reduction for contributory negligence if you were partly to blame.
Additionally, provided that you can prove that someone else was responsible for the accident, even if you were partially at fault, you can still bring a CTP claim for compensation for non-economic loss and economic loss. You might even be eligible to bring a full CTP claim if no-one was at fault under the NSW blameless accident laws.
What happens if I am not accepted into the LTCS Scheme?
If you are discharged from the Scheme and are bringing a CTP claim, 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.
The LTCS system can seem complicated and many clients do not realise the full extent of their legal rights. If you have been injured in a motor vehicle accident and don’t know where to turn, contact our friendly and knowledgeable personal injury lawyers on 1800 25 1800 or make an online enquiry for a free no obligation consultation.
Written by Joy Guibani.
Joy Guibani is a Solicitor in Tom Goudkamp and Ruth Hudson’s Practice Group. Joy assists Tom and Ruth with a variety of personal injury cases but predominantly motor vehicle claims. Joy has a special interest and expertise in the interplay between Administrative Law and Personal Injury Law, which is far reaching in motor vehicle claims including LTCS eligibility decisions, MAS determinations, and CARS assessments.