COVID-19 Vaccine Claims Scheme extended to 30 September 2024

Covid-19 Vaccine Claims Scheme closes September 2024

Updated 14 December 2024

COVID-19 Vaccine Claims Scheme urgent alert

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.

Free advice to find out where you stand: 1300 700 761

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”.

The COVID-19 Vaccine Claims Scheme closes in September 2024

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.

Free advice to find out where you stand: 1300 700 761

What injuries are covered under the Covid-19 Vaccine Claims Scheme?

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
  • Anaphylactic reaction
  • Capillary leak syndrome
  • Cerebral venous sinus thrombosis without thrombocytopenia
  • Guillain Barre Syndrome (GBS)
  • Thrombosis with Thrombocytopenia Syndrome
  • Thrombocytopenia, including immune Thrombocytopenia.
  • Transverse Myelitis

Pfizer/BioNTech Comirnaty, Moderna Spikevax or Novavax Nuvaxovid

  • Anaphylactic reaction
  • Myocarditis
  • Pericarditis.
  • Erythema multiforme-Major

All vaccines

  • Vaccine administration harm where there has been a hospital admission.

 

What can I claim under the Covid-19 Vaccine Claims Scheme?

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.

Past and future loss is made up of five different categories

    1. Out of pocket expenses – these are the expenses that you have reasonably incurred to date with regard to your Covid-19 vaccine harm and will reasonably expect to incur in the future.
    2. Lost wages – if you have been unable to work due to the COVID-19 vaccine harm, you can claim lost wages up to $5,211.30 per week.
    3. Gratuitous care – this is unpaid care that has been provided to you by family and friends as a result of the COVID-19 vaccine harm. The policy provides that to be eligible for gratuitous care, you need to have received that care for at least six hours per week for at least six months. Gratuitous care is paid at the rate of $43 per hour and is capped at $1,743 per week.
    4. Paid attendant care – this is care that you have received in the home from a service provider that you have paid for.
    5. Domestic assistance – this is care that you are unable to provide to children, people with a disability or elderly parents. Domestic assistance is paid at the rate of $43 per hour. There is no cap on the amount of domestic assistance payable.

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.

Pain and suffering compensation under the Covid-19 Vaccine Claims Scheme

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.

Do I need a lawyer to help me claim under the COVID-19 Vaccine Claims Scheme?

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.”

When should I claim COVID-19 vaccine compensation?

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.

Why Guardian Injury Law for COVID-19 vaccine compensation claim?

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.

Contacting Guardian Injury Law

📞 1300 700 761

📧 enquiries@guardianinjurylaw.com.au

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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.


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