LawTalk Blog

NDIS and your personal injury claim

NDIS and your personal injury claim

The National Disability Insurance Scheme - I know a mouthful let’s just go with “NDIS” like everyone else.

The National Disability Insurance Agency – your second mouthful is also known as the “NDIA”. The NDIS is managed by the NDIA.

The NDIS is the national statutory insurance scheme which aims to “support a better life for hundreds of thousands of Australians with significant and permanent disability and their families and carers. The NDIS will mean peace of mind for every Australian – for anyone who has, or might acquire, a disability.”

The NDIS does not replace the rights you have to compensation for personal injury whether the injury is from medical negligence, a motor vehicle accident, work injury or other negligent act.

If you participate in the NDIS you will need to tell the NDIA if you receive or will receive compensation for a personal injury. NDIA may even be able to make you make an application for compensation as a result of your personal injury – but this is a topic for another day.

If you receive compensation for a personal injury, the parts of the compensation which pay for supports like personal care and medical equipment which the NDIS may have helped you with or will help you with, may be affected.

If you have received funding and supports through the NDIS you may need to pay them back if you have also received compensation payments. If you have an NDIS participation plan for your ongoing and future needs your plan will be reassessed in light of compensation you receive.

"The NDIS does not replace existing compensation arrangements for personal injury – make sure you stand up for your rights."

However, and very importantly, there are parts of compensation for personal injury which do not normally affect your participation plan with the NDIS; these include areas like pain and suffering and economic loss, which are commonly “lump sum payments”.

The legislation underpinning the NDIS is complex and the compensation section of the legislation has special Operational Guidelines and Accounting for Compensation Rules to get your head around.

If you have suffered a personal injury and are participating or will be participating in the NDIS you need to speak to a lawyer who specialises in personal injury and understands the complex legislation and rules.

So, the important information to take away from our chat today is:

  1. The NDIS does not replace existing compensation arrangements for personal injury – make sure you stand up for your rights.
  2. Talk to a lawyer who knows personal injury and knows the NDIS. Make sure your lawyer knows their stuff.

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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