Delays in COVID Vaccine Scheme payouts illustrate how crucial a lawyer is to your claim
Updated 14 December 2023
A recent Sydney Morning Herald article, “Thousands left waiting for compensation after claims of COVID-19 vaccine injury”, exposed significant delays with Covid-19 Vaccine Claims Scheme processing, with a spokesperson for Services Australia indicating that several hundred claims are “waiting on further information from applicants”. The article highlights the rigorous and exhausting requirements of claimants seeking compensation for vaccine injury.
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".
Guardian founder Tanya Neilson was interviewed by Channel 7 regarding the delays with the scheme.
Background to the Covid-19 Vaccine Claims Scheme
The Covid-19 Vaccine Claims Scheme was introduced in December 2021 in order to provide compensation to those who have sustained an adverse reaction to a Covid-19 vaccination.
Since the scheme’s inception, thousands of people have made applications and are still awaiting answers. These delays are causing significant distress and uncertainty for claimants whose lives have, in a lot of cases, been drastically altered.
The Scheme provides for those that have sustained an adverse reaction to an acknowledged vaccine the right to claim for past and future loss, which includes out-of-pocket expenses such as doctor’s bills, medication, travel, hospital fees and treatment such as physiotherapy. It also includes lost wages, care expenses and domestic services. The other entitlement is pain and suffering damages.
You can read more about the compensation and benefits available under the Scheme in our earlier blog, “How much compensation is payable after an adverse reaction to the COVID vaccine?”
The Federal Department of Health website says the scheme:
“provides a simple, streamlined process to compensate eligible people, without the need for complex legal proceedings.”
We are acting for a significant number of vaccine-injured claimants
At Guardian Injury Law, we are acting for a significant number of people who have been adversely affected by the Covid-19 vaccination.
We are also speaking with a large number of people who have lodged claims on their own (without legal assistance) and are either still awaiting results from the Scheme or have received a decision from the Scheme that they don’t agree with.
Claimants “going it alone” find the scheme complicated and arduous
One of the resounding themes of our conversations with claimants who do not currently have legal representation is that they are finding the scheme too complicated. Many comment that:
- they are unaware of all entitlements they can claim;
- they don’t have the evidence needed for the Scheme;
- the paperwork required is too onerous and confusing; and
- they are unable to compile applications to achieve successful outcomes.
What’s required for a successful Covid-19 Vaccine Scheme claim?
In order for Vaccine Scheme claims to be successful, all requirements of the scheme must be satisfied.
This includes providing:
- accurately completed claim forms;
- full medical records;
- receipts for all past losses being claimed;
- appropriate reports outlining future expenses and care needs;
- required medical evidence addressing any medical questions;
- a carefully drafted applicant impact statement; and
- statements to support any claims for pain and suffering.
We have the experience and expertise to maximise the success of your claim
At Guardian Injury Law, we are finding that correctly prepared applications (particularly those prepared by professionals with significant personal injury claims experience) are being met with fewer questions and subsequent delays from Services Australia.
Correctly prepared claims are also achieving much larger results for claimants.
Whilst claims take a long time and, in some circumstances, more than 12 months, having legal representation can make the process much more straightforward and less stressful.
At Guardian Injury Law, we offer free advice and act for clients on a 'no win, no fee' basis.
If you’ve been injured as a result of a Covid-19 vaccine and you’re unsure if you’re eligible under the Federal Government’s Covid-19 Vaccine Claims Scheme, it costs nothing to find out where you stand.
Contacting Guardian Injury Law
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.