When you are making the CTP claim by filling out the Notice of Accident Claim Form, there will be a question asking whether you are a participant of the National Injury Insurance Scheme Queensland. So, what is the National Injury Insurance Scheme Queensland (NIISQ)?
NIISQ is a no-fault scheme. It provides necessary and reasonable lifetime treatment, care, and support to those who sustain eligible serious personal injuries in a motor vehicle accident in Queensland, regardless of who is at fault in the accident. According to National Injury Insurance Scheme (Queensland) Act 2016, an eligible serious personal injury means any of the following:-
- Permanent spinal cord injuries; or
- Traumatic brain injuries; or
- Multiple or high-level limb amputations; or
- Permanent injury to the brachial plexus; or
- Severe burns; or
- Permanent blindness caused by trauma.
To apply to participate the NIISQ, you will need to complete an Application Form – Interim Participation and have a completed medical certificate attached to the Application Form – Interim Participation. Please note that you will need to submit the Application Form – Interim Participation to the National Injury Insurance Agency of Queensland (NIISQ Agency) within one year from the date of the accident. After the NIISQ Agency approves your application, you will become an interim participant for two years. An exception applies if there is a child under 4 years of age, in which case, the child may remain an interim participant for longer than two years. During the two years, the NIISQ will fund your necessary and reasonable treatment, care, and support. The NIISQ Agency will reassess your eligibility towards the end of the two years and make a decision about whether you qualify as a lifetime participant. If eligible, NIISQ will fund your necessary and reasonable treatment, care, and support services for the rest of your life.
Now can you still make a CTP claim if your are accepted as a NIISQ participant? The short answer is yes. You will still be able to pursue your common law rights which means you can make a claim against the relevant CTP insurer for compensation such as general damages (e.g. pain and sufferings) or economic loss. However, any final settlement paid by the CTP insurer will not include your treatment, care, and support expenses as they will have been funded under the NIISQ.
