Updated 14 December 2024
The opportunity to claim compensation through the COVID-19 Vaccine Claims Scheme (‘the scheme”) due to an adverse reaction to a COVID-19 vaccine has been extended. The scheme, which was due to close on 17 April 2024, will now close on 30 September 2024. If you’ve suffered injury or illness after having a Covid-19 vaccine, you need to act now to secure any rights to compensation under the scheme.
The Federal Government announced the extra funding to extend the scheme, in the Mid-Year Economic and Fiscal Outlook delivered on 13 December 2023.
The COVID-19 Vaccine Claims Scheme was introduced in December 2021 to provide compensation to people who had suffered acknowledged moderate to severe vaccine harm after receiving an approved Covid-19 vaccine. The scheme is a federal scheme which is managed by Services Australia. You can read more detail about the scheme in our earlier blog, “Covid-19 vaccine: no fault compensation scheme for adverse reactions”.
What many people are unaware of is that the scheme will end on 30 September 2024. This means that after this date, the scheme will not accept further applications, regardless of the severity of the vaccine injury or the amount of money you are out of pocket due to the vaccine harm.
All claims for vaccine harm MUST be lodged by 30 September 2024. Failure to do so will mean that you do not have a right to claim compensation due to your injury or illness.
In accordance with the COVID-19 Vaccine Claims Scheme policy (“the policy”), claims can be made with the scheme if you have an acknowledged injury to an approved vaccination as per the table below.
AstraZeneca |
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Pfizer/BioNTech Comirnaty, Moderna Spikevax or Novavax Nuvaxovid |
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All vaccines |
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If you meet the eligibility criteria due to your adverse reaction to a COVID-19 vaccine, you can claim for past and future loss and pain and suffering damages.
To claim past and future loss from the scheme, it is imperative that your treating doctor completes the required MO063 medical form correctly and ticks all boxes for past and future loss that you have required so far, and that you will require into the future.
With regards to pain and suffering, the amount that you are entitled to claim is dependent on the amount of past and future loss awarded.
Tier 1 claims
If your past and future loss is calculated at $1,000 to $15,999, then you are considered a tier 1 claimant.
For tier 1 claimants, pain and suffering is paid at the rate of 25% of the past and future loss awarded.
For instance, if you were awarded $10,000 for your past and future loss, then you are entitled to $2,500 for pain and suffering damages, regardless of the severity of your injuries.
Tier 2 claims
If your past and future loss is calculated at $16,000 or more, then you are considered a tier 2 claimant.
Tier 2 claimants are entitled to claim pain and suffering on the basis of a percentage of the maximum pain and suffering which is capped at $693,500.00.
If the scheme determines that you have a 50% pain and suffering, then you would be entitled to 50% of $693,500.00, being $346,750.00.
Having legal representation for your application is not necessary, however legal representation can help you to maximise your entitlements. The scheme requires detailed supporting evidence with regards to all aspects claimed.
You can read more detail about how a lawyer will help you maximise the compensation you receive under the scheme in our earlier blog, “Covid-19 Vaccine Claim Scheme – Why legal advice is crucial.”
Do not delay.
The end date of the scheme is 30 September 2024. Once this date has passed, you will be unable to lodge a claim, regardless of the severity of your injuries.
Having worked in the Covid-19 vaccine injury space since the inception of the scheme in December 2021, the team at Guardian Injury Law are experienced and proficient in preparing, lodging and resolving Covid-19 Vaccine Claim Scheme applications.
We understand the detailed evidence required by the scheme in order to maximise your entitlements.
Call us today for a no-obligation initial consultation to find out if you are eligible. All work undertaken is on a no win, no fee or expenses basis so you only pay legal fees upon the successful completion of your matter.
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.