How much compensation is payable after an adverse reaction to the COVID vaccine?
Updated 14 December 2023
As Australia continues to press home the need for as much of the community as possible to be fully vaccinated, some recipients, unfortunately, will experience moderate to significant side effects from the vaccine. For those who meet the criteria of the Federal Government’s Covid-19 Vaccine Claims Scheme, there is a variety of compensation available for past and future loss including medical expenses, wages and care required as well as a payment for pain and suffering.
Government extends timeframe to lodge a COVID-19 Vaccine Claims Scheme Claim
The Federal Government's Mid-Year Economic and Fiscal Update was released on 13 December 2023. The Government has provided additional funding for the vaccine claims scheme which was due to end on 17 April 2024.
The COVID-19 Vaccine Claims Scheme has been extended and will now end on 30 September 2024.
If you have suffered an adverse reaction to a COVID-19 vaccine, it is crucial that you seek legal advice about your entitlement to compensation. We offer free advice and run claims "no win no fee".
We have previously written about how the scheme works, who is eligible and how to lodge a claim. You can view that information in our article, “Covid-19 vaccine: no fault compensation scheme for adverse reactions”.
This article will now look at, in more detail, how compensation is determined and what types and amounts of compensation are available.
Covid-19 Vaccine Claims Scheme places claimants into 1 of 3 tiers
Entitlements to compensation after an adverse reaction to the Covid-19 vaccine are dependent upon the category that the claimant falls into. There are three categories.
It is crucial that claimants obtain legal advice to ensure that a careful and thorough analysis of the amounts claimable is undertaken to ensure that the claimant is classified into the appropriate category and entitlements are maximised.
If you don’t submit a thorough and detailed set of information and you are subsequently assessed as ‘low-tier’, you cannot return at a later date and request a review of that scheme.
The three tiers (categories) that determine how much compensation you will be paid
The Covid-19 Vaccine Scheme sets out three different categories that your claim will be classified into, depending on your past and future loss. It is important to know that past and future loss is made up of past and future lost wages, medical expenses and care expenses.
The categories are called Tier 1, Tier 2 and Tier 3. Tier 1 and 2 are for claimants who are injured as a result of a reaction to a Covid vaccine. Tier 3 is for claims where a person has died as a result of a reaction to a Covid vaccine. Compensation for a Tier 3 claim is paid to the estate of the deceased.
The category that you are put into will lock you into the pain and suffering amount that you are able to claim. If you are incorrectly placed into a lower category, any amount claimable for pain and suffering may be significantly reduced.
Tier 1
Claims are classified into Tier 1 when the amount of past and future loss is less than $16,000.
The issue with this classification is that the amount of pain and suffering is capped at 25% of the past and future loss amount claimed. That would mean a maximum payment of $16,000 no-fault compensation and a maximum of $4,000 pain and suffering.
Tier 2
Claims are classified into Tier 2 when the amount of past and future loss is more than $16,000.
For tier 2 claimants, the total amount claimable for pain and suffering is $693,500. The amount claimable is a percentage of the severity of the pain and suffering as a proportion of the most extreme case. The severity is assessed based upon the medical and supporting evidence put forward by the claimant.
Tier 3
Claims for someone who has passed away as a result of a Covid-19 vaccine related complications, are classified as Tier 3 claims.
Tier 3 claimants are able to claim funeral expenses, a dependent lump sum payment and or a non-dependent lump sum payment. The amount claimable is $644,640 plus an amount for each dependent or non-dependent. It should be noted that this amount varies, based upon the dependent’s age at the time of the deceased’s death.
It is our view that Tier 1 claims will receive very minimal amounts for pain and suffering compensation when compared to Tier 2 and will be unable to access further compensation once their claims have resolved.
It is crucial that your claim is properly researched and presented to ensure that you are classified into the correct category in order to maximise your entitlements.
Some people may choose not to claim “pain and suffering” (or may not be eligible); they will only claim the no-fault compensation amount. If this is the case, the past and future loss thresholds are higher. For Tier 1 claimants, the loss must be between $1,000 and $19,999 and for Tier 2 claimants, the loss must in excess of $20,000.
How do I make a claim?
If you have suffered an adverse reaction to a Covid-19 vaccine and you wish to claim compensation, please read our article, “Covid-19 vaccine: no fault compensation scheme for adverse reactions” and follow the instructions.
If you know you are eligible to claim and wish to start the process, we provide free advice and will run your claim on a ‘no win, no fee’ basis.
Why should I engage a lawyer?
Engaging a lawyer to prepare and lodge your Covid-19 Vaccine Scheme claim is essential, as the amount of pain and suffering compensation you are entitled to is directly related to your claimed loss, both medical and financial.
Further, determinations by the scheme are done solely “on the papers” meaning that applications need to be thorough and considered so as to not miss any vital elements of the claim. You cannot add further detail after your claim is lodged.
It’s crucial to get it right, first time. It’s a complex calculation to ensure all your losses (current and future) are included in your claim.
At Guardian Injury Law we are experts at undertaking a careful analysis of your past and future loss to ensure every amount is taken into consideration to maximise your entitlements.
Who pays my legal costs?
The scheme states that they will not pay the legal costs associated with engaging a lawyer to prepare and lodge a claim on behalf of a claimant.
At Guardian Injury Law we understand the financial difficulty our clients are often experiencing and for this reason, we undertake our work on a 'no win, no fee' or expenses basis.
This means, that you will only pay for our work if you are successful.
Before we commence working on your claim, we will provide you with a cost agreement that will set out our fees in the event you are successful, so that you will know exactly where you stand. Learn more about how we charge our fees here.
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Guardian Injury Law.