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How an incorrect assessment could cost you dearly.

Make sure you don’t miss out.

Your assessment is everything.

In other articles in this series, we’ve explained how your medical assessment determines what compensation you’re entitled to, and the importance that nothing is missed in this assessment. To summarise the key points from these articles:

  • If your injuries are assessed as minor, you’re only entitled to income support and medical expenses for a maximum of six months
  • If your injuries are assessed as non-minor you’re entitled to income support and medical expenses well beyond six months, and you may be able to claim lump sums for lost earnings and pain and suffering

In this article, we’ll look at the impact it can have on you financially if your assessment isn’t done correctly.

One missed injury can make a world of difference.

Let’s look at an example where a person has minor physical injuries and also has a psychological injury, but the psychological injury isn’t noted on their certificate of capacity. This is the form that’s filled out by the GP during your medical assessment.

Keep in mind that GPs might only do these assessments very occasionally, and their priority is to help you feel better, not to maximise your compensation claim.

In this example, if the GP doesn’t ask the right questions to determine whether you have psychological injuries, it would mean that overall your injuries would be classified as minor, even though they would have been classified as non-minor had the assessment been done correctly.

What’s the financial impact?

If this person was suffering anxiety or PTSD following the accident, and this prevented them from returning to work for two years, then they would be entitled to lodge a lump sum claim for lost earnings for the full two years. This could be a substantial lump sum. However, since the GP didn’t note the psychological injury on their assessment, and their injuries were classified as minor, their benefits would be cut off within six months of the accident and they would miss out on tens of thousands of dollars in entitlements.

In other words, had the injuries been correctly classified as non-minor, this person could have been entitled to make a substantial lump sum claim. So you can see how leaving just one injury off the assessment can dramatically reduce your entitlements.

Pre-existing conditions.

Let’s look at another example, where the injured person has been assessed as having minor injuries, but a pre-existing condition worsens as a result of the accident. This is a very real situation that many people will face, as the scheme only provides benefits for minor injuries for a maximum of six months, but the worsening of a condition many take longer than six months to stabilise. For example, if the injured person had arthritis prior to the accident, but the arthritis became a lot worse as a result of the accident, it may take some time for this to become apparent. So it would be easily overlooked by a GP in a medical assessment in the first six months. If this resulted in significant time off work in the future, then the injured person would miss out on tens of thousands of dollars in compensation they would have been entitled to, had the worsening of the arthritis been picked up in the assessment.

If you believe you may have missed out on compensation due to an injury that was overlooked in your assessment, you can call our advice line to find out what you can do about it. It’s a free service.

 

…leaving just one injury off the assessment can dramatically reduce your entitlements.

What do I do next?

  • Review your medical assessment – have any of your injuries been overlooked?

  • Consider whether your injuries need to be reassessed.

  • Call our free advice line if you’re not sure how to proceed.

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The CTP Claim Advice team will review your claim and tell you if you’re entitled to additional benefits or a lump sum. It could be worth tens of thousands of dollars. Plus they’ll check in with you from time to time throughout your claim to make sure everything’s on track. It’s a free service.

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Once you’ve filled out the online form, one of the team from CTP Claim Advice will call you to check on the status of your claim, and arrange your free one-on-one claim review with a specialist CTP lawyer.

 

If you need legal representation, we’ll offer you an experienced CTP lawyer who will have the full history of your claim and be able to immediately act on your behalf. For many claims there will be no cost to you whatsoever- we’ll fund your claim, and recover our costs from the insurer.

 

If we find that you’re eligible for a lump sum over $75,000, we’ll offer to fund your claim and work for you on a no win no fee basis, and only get paid after you receive your lump sum. So you’ll never be out of pocket.

 

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