Covid-19 vaccine: no fault compensation scheme for adverse reactions
Updated December 2023
The Covid-19 Vaccine Claims Scheme was introduced by the Federal government on 9 December 2021. The scheme is designed to provide compensation to people who have suffered a moderate to significant adverse reaction to an approved Covid-19 vaccine.
The scheme is very new and there may be some complexities around claims. We provide free advice for people considering lodging a claim and we run claims on a "no win no fee" basis.
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".
Who can claim?
You may have a claim if you have suffered Covid-19 vaccine administration related harm; that is, an adverse reaction to the vaccine.
You must be able to demonstrate you suffered:
- a clinically diagnosed physical injury giving rise to permanent impairment; or
- the need for an extended period of medical treatment.
Importantly, psychological distress/injury is excluded.
Your injury must have been sustained during the administration of a Covid-19 vaccine and you need to demonstrate that the injury is most likely caused by the administration of the Covid-19 vaccine and “less likely” caused by other circumstances.
What injuries are covered?
If any of the following injuries arose after your Covid 19 vaccination, you may have a claim.
- Anaphylactic reaction as a result of AstraZeneca, Pfizer or Moderna.
- Thrombosis with Thrombocytopenia Syndrome as a result of AstraZeneca.
- Myocarditis as a result of Pfizer, Moderna or Novavax.
- Pericarditis as a result of Pfizer, Moderna or Novavax.
- Pericarditis as a result of Pfizer and Moderna.
- Capillary leak syndrome as a result of AstraZeneca.
- Demyelinating disorders, including Guillain Barre Syndrome (GBS)
- Thrombocytopenia, including immune Thrombocytopenia, identified as a final diagnosis as a result of AstraZeneca.
- Transverse Myelitis (AstraZeneca)
- Cerebral Venous Sinus Thrombosis without Thrombocytopenia (AstraZeneca)
- Erythema Multiforme – Major (Moderna and Pfizer).
Exclusions
It should be noted that the scheme specifically excludes a number of conditions such as:
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- headache;
- fatigue;
- dizziness;
- diarrhoea;
- nausea;
- vomiting;
- anxiety related conditions; and
- lethargy, unless any of them form part of a diagnosed condition.
What compensation is available?
Compensation is dependent upon the category you fall into. Generally, you are entitled lost wages, care services and medical expenses in the past and future. In addition to this, you may also be entitled to a pain and suffering payment. You can learn more about what compensation is payable, in our blog "How much compensation is payable after an adverse reaction to a COVID-19 vaccine?"
It is crucial that you obtain legal advice to ensure that a careful and thorough analysis of the amounts claimable is undertaken. We make sure you are classified into the appropriate category and your entitlements are maximised.
How long do I have to claim?
You did have two years from the date the relevant declaration under the Biosecurity Act 2015 (Cth) ceases to be in force.
The relevant declaration was extended until 18th April 2022 and then extended again in December 2023. This means you now have until 30 September 2024 to bring a claim. Once this date has passed, you will be unable to lodge a claim.
Some extra (slightly heavy) reading if you’re interested
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- The relevant declaration is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020
- That declaration is made under section 475 of the Biosecurity Act 2015 (Cth)
How do I make a claim?
The Covid-19 Vaccine Scheme policy requires particular information to be submitted in order to make a claim.
This includes:
- a prescribed medical report to be completed by a treating doctor (for example, your GP);
- a prescribed claim form; and
- additional economic and medical information to support the claim for past and future loss.
Further statements can also be provided by you and family and friends as to the effect of the vaccine on you.
We can assist you to determine what documents you need, requesting the correct information from your treating doctor and completing your claim form.
It should be noted that the scheme does not have a set timeframe in which to determine claims.
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 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.