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Financial Support

The vaccine injury journey can be a long one. Many people are faced with being unable to complete basic tasks, which makes maintaining their usual level of employment difficult. Unfortunately, many people will find themselves in financially difficult circumstances as a result.

There are a number of avenues that you may have open to you to try to support you and your family.

Each option is dependent on your personal circumstances. All information contained in this website is general in nature and does not constitute financial or legal advice.

COVID-19 vaccine claims scheme

The Australian Government has implemented a claims scheme to allow for eligible vaccine-injured people to receive compensation for recognised adverse events. To be eligible you need to have met all of the following conditions:

  1. Received a TGA-approved COVID-19 vaccine
  2. Your injury must be on the list of accepted clinical conditions (currently very limited)
  3. Been admitted to hospital as an inpatient (or seek a waiver)
  4. Have losses or expenses of $1,000 or more (excluding pain and suffering)

Note that even though you may not obviously qualify for this scheme, you should consider that the scheme will not accept applications after 30 September 2024. However, any applications made before then, even if they are rejected, may become eligible if the rules are changed, even if this happens after the end date.

The current scheme covers the following:

  • Loss or expenses over $1,000. Included in this $1,000 is lost earnings, out-of-pocket expenses, paid attendant care services, loss of capacity to provide domestic services and deceased payments. You can also include future cost estimates in your claim.

You must provide evidence of all out-of-pocket expenses and complete an expenses form.

Your doctor must complete a COVID-19 vaccine claims medical report and advise that the harm suffered was most likely caused by the vaccine.

Depending on your situation, you may also consider engaging an appropriate lawyer to help you prepare your claim. Working with an experienced lawyer may deliver a better overall outcome, as they will be able to advise you on many nuances that you probably haven’t considered. We are aware of the following firms who are supporting patients making claims, though we cannot make any specific recommendations and these names are provided for information only:

Further information is available on the Government website. We recommend reading the policy carefully.

www.health.gov.au/initiatives-and-programs/covid-19-vaccine-claims-scheme

There is also a private Facebook group where this program is discussed amongst injured and other people:

VR Injury Comp & Class Action Australian Support Group

Workers compensation

Workers compensation is a form of insurance payment to employees if they are injured in the course of their employment. Where vaccinations have been a mandatory requirement of employment and you have been injured as a result, you may be eligible to receive workers compensation.

There is a significant amount of complexity associated with workers compensation claims as there are different schemes depending on where you live and your industry/employer.

Your first port of call should be your workplace which must provide you with information on how to make a compensation claim. Should they not be forthcoming with this information, contact the relevant workers compensation authority in your state or territory:

We are sadly aware of many instances where workplace insurers are failing to recognise and compensate employees who have suffered a vaccine injury after taking a mandated COVID-19 vaccine. In these instances, you may wish to seek independent legal advice on how to go about challenging these decisions and potentially taking legal action against your workplace. While we cannot recommend any specific law firms, the ones listed above (under the COVID-19 vaccine claims scheme) might be a good place to start your search.

Income protection insurance

Income protection insurance pays part of your lost income if you are unable to work because of illness or injury.

You may have income protection insurance as a separate policy, as part of your life insurance or you may have taken this option through your superannuation fund. If you are not sure if you have income protection insurance through your superannuation, it is worth contacting them to find out.

Contact your insurance provider to fully understand the details of your cover. Important questions include:

  • The length of the waiting period
  • The recognition start date of a waiting period (i.e. is it after a certain number of consecutive non-work days)
  • Information required to submit a claim
  • The amount of cover you have
  • How long you are covered for

Sue for compensation

There has been a lot of talk about suing drug companies, doctors and/or the government over individual or collective (class action) vaccine injuries.

We can’t yet provide any insight as to whether there have been any efforts that have been successful, or provide any advice about how you might go about it.

You will definitely need to speak with a trusted lawyer on this matter. Keep in mind that the stress of undertaking such legal action may place further pressure on your mental health and overall recovery. Also bear in mind that the statute of limitations for personal injuries is normally limited to 3 years in most Australian jurisdictions (meaning that you need to have began legal action within 3 years of your injury, though exceptions are possible in specific circumstances).

Note that the burden of proof in such actions can be quite high. This is one of the reasons that the Australian Government introduced the COVID-19 vaccine claims scheme — to provide a more streamlined pathway to access compensation (even though many are finding it incredibly complex, with a very low chance of success).

We are currently aware of one major class action in Australia, run by NR Barbi Solicitor Pty Ltd. Interestingly, we have been informed that this action has a funder who is providing the finances for the lawyers, and our understanding is that vaccine-injured/bereaved litigants will not have to provide up-front payments and will not have to pay costs if the action is unsuccessful. For details, go to www.covidvaxclassaction.com.au or watch the explanatory video. It would be prudent for you to seek independent legal advice in order to understand the potential risks and benefits for your situation.

Early access to superannuation

You can access your superannuation in very limited circumstances and in general, funds are released for the payment of specific expenses. The Australian Taxation Office provides guidelines on the circumstances under which superannuation can be released, these include:

  1. Access on compassionate grounds (administered by ATO)
    1. This includes requiring funds to pay for medical treatment or transport
    2. Palliative care
    3. Making a payment on a home loan or council rates so you do not lose your home
    4. Accommodating a disability
  2. Access due to severe financial hardship (administered by your super fund)
    1. Contact your superannuation fund for more details however the rules are quite strict and include the requirement that you’ve received income support payments continuously and are not able to meet reasonable living expenses

Government income support

Unfortunately due to the nature of vaccine injuries, many injured are struggling to receive adequate income support from the Government. Vaccine injuries are not recognised as a disability and therefore generally the only income support payments vaccine-injured are eligible for are JobSeeker payments. It is best to contact Services Australia to discuss the intricacies of your financial situation to determine the best course of action.

www.servicesaustralia.gov.au/income-support-payment

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