The COVID-19 Vaccine Scheme is a no fault compensation scheme, implemented by the Commonwealth government to cover the cost of injuries in situations where a serious adverse reaction has been caused by a COVID-19 vaccination.

 

Are you eligible?

You may be eligible for compensation if you have suffered one of the injuries in Table 1 below, most likely as a result of receiving the COVID-19 Vaccine from 22 February 2021 onwards. You must also have received inpatient hospital treatment for that injury. The threshold for accessing the Scheme requires that you have at least $1,000 net in losses, including:

1. Out of pocket costs
2. Lost Earning, and/or
3. Carer costs (both past and future).

 

Injuries Covered by the Scheme

Item	Clinical condition	Vaccine(s) from which the clinical condition results
1	Anaphylactic reaction	AstraZeneca Pty Limited Pfizer Australia Pty Limited Moderna Australia Pty Limited Novavax Inc.
2	Thrombosis with Thrombocytopenia Syndrome	AstraZeneca Pty Limited
3	Myocarditis	Pfizer Australia Pty Limited Moderna Australia Pty Limited
4	Pericarditis	Pfizer Australia Pty Limited Moderna Australia Pty Limited
5	Capillary leak syndrome	AstraZeneca Pty Limited
6	Demyelinating disorders including Guillain Barre Syndrome (GBS)	AstraZeneca Pty Limited
7	Thrombocytopenia, including immune Thrombocytopenia, identified as a final diagnosis	AstraZeneca Pty Limited
8	Administration Related Injuries which are a clinically diagnosed: shoulder injury; or other moderate to significant physical injury giving rise to permanent impairment or the need for an extended period of medical treatment but excluding the injuries in Table 2.	Any TGA approved COVID-19 Vaccine

 

What is not covered?

The following injuries are not covered by the Scheme:

• COVID-19;
• psychological and psychiatric conditions (e.g. shock);
• secondary injuries (e.g. injury suffered when fainting, or a haematoma at the injection site that becomes infected); and
• the following injuries: headache; fatigue; injection site reaction; muscle or joint pain; dizziness; diarrhoea; pain in extremity; fever; insomnia; nausea; vomiting; lethargy; hyperhidrosis; chills; decreased appetite; malaise; lymphadenopathy; somnolence; abdominal pain; puritus; urticaria/rash; influenza-like illness; angioedema; anxiety-related reactions such as hyperventilation and fainting.

 

Requirement for Hospital Treatment

Although the eligibility criteria requires hospitalisation, the requirement may be waived if outpatient treatment is received and the COVID-19 Vaccine recipient was not admitted to hospital, when they otherwise would have been, because of the nature of their clinical condition; or, the recipient was in a rural or remote area making it difficult to access a hospital.

The hospitalisation requirement does not apply in the case of death.

 

What am I entitled to claim?

1. Specified out of pocket expenses.
2. Lost earnings.
3. Paid and gratuitous care.
4. Loss of capacity to provide domestic services.
5. Pain and suffering.

There is no overall cap to the amount of compensation available. However, the current cap on the lump sum, for pain and suffering, is $693,500.00.

 

Death Claims

In instances of death, you are able to claim the following:

1. A single lump sum compensation payment will be available for death claims, in the amount of $644,640.
2. If the deceased had children under 21, an extra lump payment of between $13,831.00 to $61,288.00 to each child, depending on their age and study status.  
3. Funeral, burial and/or cremation expenses are capped at $15,000.00.

 

What are the legal costs?

At Marsdens we conduct these cases, on a no win/no pay basis. This means that you do not pay our professional legal fees for the time spent preparing your case until the conclusion of the matter and then only if your claim is successful.

In relation to expenses, which primarily relate to the cost of obtaining clinical notes and expert reports, Marsdens have a database of experienced medical and other experts who provide reports of high quality. We will discuss with you the likely cost of reports and if necessary make arrangements to assist you with payment if you are experiencing financial difficulty.

 

Is instructing a Marsdens solicitor really necessary?

It is our experience that the claim process is much less stressful and more accessible if you have a solicitor managing it for you. The early collection of evidence and information is essential to the success of your claim. Sometimes it can be difficult to know how to get the right documents, what law is applicable and whether your claim is worthwhile pursuing.

Instructing a Marsdens solicitor means that you have an experienced professional who will look out for your best interests, consider your circumstances and assist you in the most efficient and beneficial way possible. We aim to provide a personal service with a demonstrated commitment to our clients.

If you believe that you may satisfy the eligibility criteria, or have any questions, contact our Injury Compensation Team today.