General Advice on ACC processes
I can provide you with general information and advice regarding the processes you need to follow to access the entitlements you may be entitled to following an injury.
This service is provided free of charge, within reason, and my involvement will be limited to responding to a query via e-mail or a 10-minute telephone discussion.
Representation in Review Applications
When am I entitled to lodge a review?
Any claimant who disagrees with a decision made by ACC is entitled to have that disagreement resolved by review.
The disagreement may concern any combination of the following ACC decisions:
- Decline of cover. This could be for a physical injury following an accident or a series of events, a claim for a treatment injury occurring because of treatment received from a registered medical professional, or a gradual process work-related injury suffered in the circumstances as set out in Section 30 of the Accident Compensation Act.
- Decline of/or suspension of entitlements, such as:
• Treatment - e.g surgery funding or rehabilitation;
• Weekly compensation;
• Social rehabilitation - e.g home help, attendant care, modifications to your home and/or vehicle etc; - Incorrect assessment of entitlements such as weekly compensation.
- Disputes regarding the cause of a claimant’s incapacity following injury.
- Disputes regarding vocational independence decisions.
When am I entitled to lodge a review?
Any claimant who disagrees with a decision made by ACC is entitled to have that disagreement resolved by review.
The disagreement may concern any combination of the following ACC decisions:
- Decline of cover. This could be for a physical injury following an accident or a series of events, a claim for a treatment injury occurring because of treatment received from a registered medical professional, or a gradual process work-related injury suffered in the circumstances as set out in Section 30 of the Accident Compensation Act.
- Decline of/or suspension of entitlements, such as:
• Treatment - e.g surgery funding or rehabilitation
• Weekly compensation
• Social rehabilitation - e.g home help, attendant care, modifications to your home and/or vehicle etc - Incorrect assessment of entitlements such as weekly compensation
- Disputes regarding the cause of a claimant’s incapacity following injury.
- Disputes regarding vocational independence decisions.
Representation in mediation
What is mediation?
Mediation is a structured, interactive process aimed at facilitating a constructive discussion between disputing parties in an attempt to find a mutually acceptable solution to the dispute. All participants in mediation are encouraged to actively participate in the process.
The mediator does not have the power to make a binding decision, but functions as an independent third party who offers advice and can make recommendations on the way in which a dispute can be resolved.
Some disputes are better suited for resolution via mediation than by following the more formal review process.
Mediation can be requested or suggested by either the claimant or ACC, but both parties must agree to mediation for it to proceed.
If after considering your claim file I feel that it is more likely for your dispute to be resolved via mediation, I will recommend this to you and will represent you during the mediation process.
Representation in Appeals to the District Court
When can I lodge an Appeal?
If your review application is unsuccessful and you or I are of the view that the Reviewer’s decision is wrong, you have the option of filing an Appeal against the decision to the District Court.
A claimant that wants to appeal a review decision must do so within 28 calendar days of the Reviewer’s decision.
The Notice of Appeal must set out the details of the claim and the aspects of the decision that the Appeal is based on.
I am very selective on the matters that I take on Appeal and accepting instructions is done on a case-by-case basis.
A fee agreement will be discussed with you on accepting your instructions.
Assistance with claiming lumpsum compensation for permanent injuries
Some ACC claimants may become entitled to a lump sum payment from ACC for a permanent injury.
I can assist you with navigating this process.
ACC assesses your entitlement to a lump sum payment following a whole person impairment assessment conducted by an approved assessor.
The assessor quantifies the impairment caused by your injury as a percentage based on The American Medical Association’s Guidelines to the Evaluation of Permanent Impairment.
These guidelines are globally accepted and applied to evaluate permanent impairment following injury and your assessment will focus on the injuries for which ACC has afforded you with cover.
A claimant is only entitled to payment of a lump sum if the degree of impairment suffered is greater than 10%. The amount of the compensation paid to you by ACC is determined with reference to a sliding scale depending on the percentage value of your impairment.
I work on a no win, no fee basis and will charge you a pre-agreed percentage of any amount of lump sum compensation recovered from ACC.
ACC claims can be a daunting task but they dont have to be
I can help you every step of the way, whether its assistance in paperwork and applications to representation in mediations or court.
I also work on a no win, no fee basis so the process is as stress free as can be. Contact me to find out more.