The National Injury Scheme (NIIS) - a significant change for Queensland
What is the National Injury Insurance Scheme (NIIS)?
The NIIS provides lifetime treatment and support for people who are seriously injured in motor vehicle accidents in Queensland, regardless of fault.
The scheme commenced in Queensland on 1 July 2016 and will be funded by annual levies paid by motorists from 1 October 2016.
In time, it is proposed that the NIIS will extend to other forms of accidents such as workplace accidents, medical accidents and public liability incidents.
Is it different from the National Disability Insurance Scheme (NDIS)?
Yes. The purpose of the NDIS is to provide care and support to all Australians in the event of significant disability. The focus is on people who were born with a disability or acquired one due to genetic factors or illness, not injury. For more information on the NDIS please click here to read our blog.
Why is NIIS important?
Currently, in Queensland, the compulsory third party (CTP) insurance scheme only covers people injured in traffic accidents if they can prove that someone else was at fault. There are, however, many Queenslanders injured on our roads each year that are ineligible to receive financial support because they are unable to identify someone at fault or, alternatively, where they themselves caused the accident.
This is important because it is estimated that some 1000 people are catastrophically injured each year throughout Australia, and about half of those in traffic accidents.
The introduction of the NIIS will ensure that all Queenslanders with catastrophic injuries from traffic accidents will receive lifetime care and support regardless of fault.
Who does it apply to?
The NIIS will only apply to people who sustain a “serious personal injury” defined to include:-
- spinal cord injuries
- brain injuries
- multiple limb amputations
- serious burns
- permanent traumatic blindness
A person will need to meet the eligibility criteria to obtain support under the NIIS and a person will not qualify if they receive an award of damages for treatment, care and support needs (whether by way of settlement or court judgement).
Importantly, the scheme allows eligible participants to receive benefits while retaining the ability to access damages through existing CTP insurance in appropriate cases.
What support does it provide?
The NIIS provides funding for medical or pharmaceutical treatment, dental treatment, rehabilitation, ambulance transport, respite care, aids, appliances, prostheses, educational or vocational training, home or transport modification.
If an applicant is accepted as an NIIS participant, a care and support plan will be developed detailing that particular person’s needs. Participants in the NIIS can then make “service requests” to the agency to fund a particular item of care, treatment or support.
Key Elements:
- NIIS only applies to catastrophic injuries sustained from 1 July 2016;
- NIIS (currently) only applies to motor vehicle accidents regardless of fault;
- NIIS provides lifetime care and support;
- NIIS does not cover economic loss or general damages;
- Applicants should apply within one (1) year of the accident.
If you think that you or someone you know may meet the eligibility criteria of the NIIS, we are here to help. Contact one of our expert insurance lawyers today.