Lifetime care schemes for severe brain injury
Every state runs a no-fault scheme that funds treatment, rehabilitation and attendant care for people catastrophically injured in motor accidents, and some extend to workplace injuries. They pay for care for life if the injury meets the criteria, whoever was at fault.
| State | Scheme | Brain injury criteria and notes |
|---|---|---|
| New South Wales | Lifetime Care and Support Scheme (icare) | Covers spinal cord injury, moderate to severe brain injury, multiple amputations, serious burns and blindness from NSW motor accidents. For brain injury, post-traumatic amnesia longer than one week, or evidence of a very significant head impact with coma over one hour or a significant imaging abnormality (icare) |
| Queensland | National Injury Insurance Scheme Queensland (NIISQ) | Serious personal injuries from motor vehicle accidents on or after 1 July 2016, including traumatic brain injury; interim participation for two years, then lifetime review (NIISQ) |
| South Australia | Lifetime Support Scheme (Lifetime Support Authority) | Very serious injuries including brain injury; application within three years of the accident (LSA) |
| Western Australia | Catastrophic Injuries Support scheme (ICWA) | Catastrophic injuries including traumatic brain injury from crashes on or after 1 July 2016 (ICWA) |
| Victoria | Transport Accident Commission | No-fault treatment and support for transport accident injuries; claim within 1 year, up to 3 with reasonable grounds (TAC) |
Entry to these schemes needs a specialist medical certificate about severity. Apply early; interim participation exists so that support starts while the long-term picture settles.
How brain injury severity is measured
Clinicians grade traumatic brain injury by the duration of post-traumatic amnesia (PTA), the length of any loss of consciousness, the Glasgow Coma Scale at the scene and imaging findings. The NSW scheme criteria quoted above show how these measures are turned into eligibility rules. For compensation, the later measure is function: memory, attention, planning, behaviour, fatigue, headaches and the capacity to work and live independently.
Mild brain injuries and concussion are often under-recorded at the scene. If symptoms persist for weeks, see a GP and ask for referral to a neurologist or rehabilitation specialist. The first records that document amnesia, confusion or imaging changes carry weight years later. Our head injury guide covers concussion and scalp and skull injuries that may not involve the brain.
Damages claims where someone was at fault
Where a driver, employer, occupier or practitioner was negligent, a damages claim can sit alongside scheme support. It covers past and future lost earnings, care and assistance not funded by a scheme, future treatment and, above the threshold, non-economic loss.
- New South Wales. No damages for non-economic loss unless the severity is at least 15% of a most extreme case (Civil Liability Act 2002 s 16). A work injury damages claim needs at least 15% permanent impairment for a physical injury (Workers Compensation Act 1987 s 151H).
- Victoria. A significant injury is needed: more than 5% whole person impairment for physical injuries and 10% or more for psychiatric injury (Justice Victoria).
- Queensland. General damages follow the injury scale value from 0 to 100 (Civil Liability Act 2003).
Serious brain injuries usually clear these thresholds. The larger questions are causation, the cost of lifetime care and how scheme benefits and damages interact, which is why brain injury claims need specialist lawyers.
Time limits
Scheme deadlines come first: 3 months for NSW CTP statutory benefits (MAIA 2017 s 6.13), 1 year for a TAC claim, 9 months for a Queensland CTP notice (MAIC), 6 months for most workers compensation claims. Court claims generally have a 3-year limitation period, which in NSW and Victoria runs from when the injury was discoverable (Limitation Act 1969 s 50C, Limitation of Actions Act 1958 s 27D). A person who lacks capacity because of the injury has protection under the limitation Acts, but a family member should still act early rather than rely on it. The full state table is on the personal injury lawyers page.
What a brain injury claim can cover
Scheme participation funds necessary and reasonable treatment, care and support. A damages claim adds lost earnings, superannuation, future treatment outside the scheme, home modifications, equipment, case management and, above the threshold, non-economic loss. Amounts turn on life expectancy, care hours and earning capacity before the injury, all of which need expert evidence.
The compensation calculator shows an indicative range from published scales, plus the scheme, deadline and heads of claim that appear to apply. Treat it as a starting point and read the damages guide.
Frequently asked questions
Is every head injury a brain injury?
No. A head injury can involve the scalp, skull or face without injuring the brain. Diagnosis rests on symptoms, amnesia, consciousness and imaging, so see a doctor and get it recorded.
What is post-traumatic amnesia and why does it matter?
The period after injury when the person cannot form new memories. Its length is a standard measure of severity; the NSW Lifetime Care scheme, for example, uses post-traumatic amnesia longer than one week as a criterion.
Can a family member start the claim?
Yes. A family member can make the enquiry and gather information. Formal steps need legal authority, such as an enduring power of attorney or a litigation guardian.
Does the lifetime care scheme stop me suing?
Scheme participation and a damages claim can coexist, but the damages claim excludes what the scheme funds. Specialist advice is needed on how the two interact in your state.
What if the brain injury happened at work?
Workers compensation applies, and some states extend catastrophic injury schemes to workplace injuries. A work injury damages claim needs employer negligence and, in NSW, at least 15% permanent impairment.
How long do I have?
Scheme deadlines are short: 3 months for NSW CTP benefits, 1 year for TAC, 9 months for a Queensland CTP notice. Court claims generally have 3 years. Capacity rules can extend time, but do not rely on them.
Will the claim take a long time?
Serious brain injury claims often wait until recovery plateaus, because future care and work capacity must be assessed. Interim scheme support and interim payments can bridge the gap.
Does an enquiry lodge a claim?
No. An enquiry through this website does not lodge a claim, appoint a lawyer or pause a time limit.
Sources
Official pages and legislation checked on the dates shown. Rules change, so confirm the current position before relying on a date or a threshold.
- icare Lifetime Care and Support Scheme (NSW), who we care for (checked 26 September 2026)
- National Injury Insurance Scheme Queensland, are you eligible? (checked 26 September 2026)
- Lifetime Support Authority (SA), who is eligible (checked 26 September 2026)
- Insurance Commission of Western Australia, Catastrophic Injuries Support eligibility (checked 26 September 2026)
- Transport Accident Commission, making a claim for compensation (time limits) (checked 26 September 2026)
- Civil Liability Act 2002 (NSW) s 16, damages for non-economic loss (checked 26 September 2026)
- Workers Compensation Act 1987 (NSW) s 151H, no damages unless permanent impairment at the threshold (checked 26 September 2026)
- Department of Justice and Community Safety Victoria, compensation for personal injury (Wrongs Act thresholds) (checked 26 September 2026)
- Civil Liability Act 2003 (Qld), general damages and the injury scale value (checked 26 September 2026)
- Motor Accident Injuries Act 2017 (NSW) s 6.13, time for making claims for statutory benefits (checked 26 September 2026)
- Motor Accident Insurance Commission (Qld), can I claim? Time limits (checked 26 September 2026)
- Limitation Act 1969 (NSW) s 50C, limitation period for personal injury actions (checked 26 September 2026)
- Limitation of Actions Act 1958 (Vic), s 27D limitation period for personal injury (checked 26 September 2026)
Check if you can claim in about two minutes.
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Start the free claim checkGeneral information last updated 26 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. An enquiry does not lodge a claim or pause a time limit. Check your own position with a qualified adviser.
