If you or a loved one have experienced an adverse reaction from a COVID vaccination, the government’s COVID-19 vaccine claims scheme may be able to provide financial compensation, explains Attwood Marshall Lawyers Compensation Law Senior Paralegal, Amy Lewis.
The COVID-19 Vaccine Scheme Policy
Under the COVID-19 Vaccine Scheme Policy 2021, if you or a loved one have suffered a moderate to severe reaction from COVID vaccination, you may be able to claim financial compensation.
The scheme covers specific conditions, including:
- Anaphylactic reaction (AstraZeneca)
- Thrombosis with Thrombocytopenia Syndrome (AstraZeneca)
- Capillary Leak Syndrome (AstraZeneca)
- Demyelinating Disorders including Guillain Barre Syndrome (AstraZeneca)
- Thrombocytopenia including Immune Thrombocytopenia (AstraZeneca)
- Anaphylactic reaction (Pfizer or Moderna)
- Myocarditis (Pfizer or Moderna); and
- Pericarditis (Pfizer or Moderna)
- A shoulder injury received from having the vaccination; and,
- Other moderate to significant administration injuries that caused permanent impairment or the need for an extended period of medical treatment.
The scheme also covers death from COVID vaccinations.
To be eligible to claim compensation for a vaccination injury or adverse reaction, an individual must have:
- Received a TGA approved vaccination such as AstraZeneca, Pfizer or Moderna;
- Be suffering from one of the specific conditions listed above;
- Have been admitted to hospital because of the condition (or alternatively, individuals can seek a waiver from this requirement); and,
- Have financial losses of more than $1,000.
Under the scheme, individuals can claim the following types of damages:
- Out of Pocket expenses;
- Loss of earnings;
- Pain and suffering (capped at $693,500);
- Gratuitous care and assistance (at least 6 hours per week for up to 6 months);
- Paid care and assistance;
- Loss of capacity to provide domestic services; and,
- Funeral costs (in the circumstances of death).
In order to claim each type of damage, relevant evidence is required. The evidence needed can range from receipts for out-of-pocket expenses (including medications, doctor’s bills etc), payslips for loss of earnings, receipts for paid care and of course, medical evidence to prove the condition suffered.
Claims are lodged through Services Australia. Once an individual has received an offer from Services Australia, this offer can be accepted by signing the Deed provided. If an individual does not accept the amount offered, a review can be requested. It is important to note if an offer is rejected, no further claim can be made.
Given the high rate of vaccination across the country, it is more common than not to know of someone who has experienced an adverse reaction to a vaccination.
Recently, media reporter Tamra Bow disclosed her own personal experience of having a loved one suffer an adverse reaction after being vaccinated against COVID-19. Her older sister went into anaphylactic shock minutes after receiving her second Pfizer COVID-19 vaccination.
AusVaxSafety, which is conducting vaccine safety surveillance, has reported that 44.7% of individuals have experienced at least one adverse effect from vaccination. The TGA, however, has reported that a total of 2.2 adverse reactions occur in every 1,000 doses.
Alternative compensation options for vaccine injuries
If you have suffered an adverse reaction after receiving either the AstraZeneca, Pfizer, or Moderna vaccines, and your reaction has left you unable to return to work, you may also be eligible to claim income protection or total and permanent disablement (TPD) benefits through your super fund.
Each superannuation insurance policy has its own set of terms and conditions. It is important to understand what criteria you need to meet to be eligible to claim your full benefits under a TPD or income protection policy.
As experts in TPD and superannuation claims, we can review your policy and help you collect the medical evidence you need to support your claim. We understand the importance of getting your claim right the first time.
When someone is at a stage in their life that they are applying for TPD benefits, or income protection, they have already gone through turmoil and significant life changes. We want to ensure that injured people can access their full entitlements as quickly as possible so that they are able to move on with their life and focus on what matters most, their health, their family, whilst having peace of mind that they also have financial security during this difficult time.
We’re here to help
Whether you need advice about the COVID-19 Vaccine Scheme, or about making a claim on your TPD insurance or income protection policies, our Compensation Lawyers are readily available at all our office locations at Coolangatta, Robina Town Centre, Kingscliff, Brisbane, Sydney and Melbourne to help you understand your rights and the steps you need to take.
Contact our team any time on 1800 621 071.
It is our intent to help people and hopefully change their lives for the better. We will do everything we can to guide you through the legal process and obtain any compensation you may be eligible for.
Read more:
Superannuation Claims – Total & Permanent Disability
No Jab, No Pay? What are your rights if your employer requires you to be vaccinated?
The mental health effect of COVID-19 – increase in WorkCover psychological claims during pandemic
