Note: Information contained in this blog is for the state of Victoria, Australia.

Communicating with the TAC

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As a lawyer who exclusive represents TAC claimants, I frequently receive questions from clients about how they should be communicating with the TAC.

Here are a few of the most common questions I receive:

   1.  If I have a lawyer, should I still keep in contact with the TAC about my injuries?

Yes. Even after you engage a lawyer to assist you with your TAC claim, you will continue to communicate with the TAC about your medical expenses and loss of earnings (if any). My role is to communicate with the TAC about your compensation claim, or about specific questions where you have asked me to get involved.

In rare cases where there has a been a complete break-down of communication, I can take over on your behalf. However, I encourage you to keep your relationship with your claims manager going as long as possible.

   2.  Should I tell the TAC if I am getting treatment for my transport accident injuries,    even if they aren’t paying for it?

You should always let the TAC know about any treatment you are receiving for your transport accident injuries.

Even if you don’t need anything from the TAC, it is important that the TAC have a clear picture of your health, to make sure that they can fund the services that you do need as quickly as possible. For example, if you are receiving free counselling through a Medicare Mental Healthcare Plan related to your transport accident, it will be much easier for the TAC to approve further counselling after your Plan expires if they already know about the other treatment.

If the first time the TAC hear about any treatment is when you ask for funding, they might decide to investigate whether this “new” treatment is really necessary. This could delay funding and delay your treatment.

   3.  Do I need to tell the TAC if I’m trying to return to work, even it’s just a trial day or    volunteer work?

If you are receiving or have requested any Loss of Earnings or Loss of Earnings Capacity payments, yes - legally, you must. The TAC take very seriously any perceived dishonesty about work or your ability to work, even if you’re not getting paid. If you’re unsure how this might affect your specific entitlements, you can use the link below to book a free, confidential consultation to discuss your circumstances.

   4.  I keep getting the run-around about the TAC funding a treatment request – how do    I get the TAC to make a decision?

The TAC needs to ensure that they have all the relevant information before making decisions about any requested treatment, so that they can make a fully informed decision. Unfortunately, this can mean that sometimes, decisions about treatment can be delayed by weeks, or even months. This is a problem that the Australian Lawyers Alliance (of which Scott Millington is a member) is very conscious of and is working with the TAC to resolve.

In the meantime, I recommend that if this is occurring to you:

  • Try to communicate by writing, such as by email or using the myTAC app, so that you have a written record of your requests and any follow-ups you have made.
  • Request follow ups within a certain time frames. If the TAC won’t give you a time frame, tell them that you will follow up in a week, then do so.
  • If the TAC have requested information from other people (such as your doctor) speak to your doctor about that request and make sure they complete it as soon as possible.

This can be a stressful process at a time you should be focused on your recovery. Scott Millington can help you with these steps, to ensure a decision is made in a timely fashion, and that you can get the treatment your doctors recommend as soon as possible.

   5.  I’ve submitted receipts for payment, but it hasn’t been paid – how can I follow this    up?

The TAC, and their staff, are there to help. However, they can be very busy, and requests can end up delayed. I recommend making sure you have a written record of your requests (eg, by email or using the myTAC app) and following up with the TAC on a regular basis to ensure you receive your entitlement.

   6.  I’ve found the TAC very difficult and rude to deal with – is there anything I can do?

The majority of my clients report that the TAC are very helpful and pleasant to deal with – unfortunately though, this is not everyone’s experience. You can request a change in claim’s manager if your relationship with them has deteriorated beyond repair. Alternatively, as a last resort, if Scott Millington is representing you, he can take over as your main point of contact and deal with the TAC on your behalf.

Remember – overall, the TAC are there to help. Their staff choose to work at the TAC because they believe in providing assistance to injured people like yourself. You should keep them informed about your treatment and capacity to work, so they can follow along on your journey and offer you assistance as necessary.

However, problems in the relationship can occur, and if not addressed, this can interfere with your treatment and recovery. If this happens, I recommend booking in for a free, confidential consult, to discuss the best path forward today.

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Scott Millington, the principal lawyer at Millington Legal, is a highly experienced personal injury lawyer who specializes in helping clients who have been injured in transport accidents. With a decade of experience in the field, Scott is committed to providing expert legal representation and support throughout the claims process to help his clients get the compensation they deserve.

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