In NSW, you will usually be eligible to make a ‘no-fault’ claim for anxiety. You may also have a negligence claim if you’re diagnosed with a recognised psychiatric injury and the accident was not entirely your fault.

No-fault claims

As the name suggests, a no-fault claim means you can receive compensation regardless of how the accident happened. To make a successful claim, you must prove that your anxiety is a direct result of the accident.

You may be entitled to weekly payments for:

• Lost income.
• Hospital, medical and rehabilitation expenses.
• Paid care and assistance.
• Care and assistance provided by loved ones.

Negligence claims

On top of your no-fault claim, you may be eligible to make an additional negligence claim if:

• Someone else caused (or partially caused) the accident.
• You have a ‘non-minor’ injury.

Minor vs. non-minor injuries

After the accident, a registered psychiatrist will assess your condition and determine if your injuries are ‘minor’ or ‘non-minor’.

A minor injury is one that is not a recognised psychiatric illness. The only exceptions are acute stress disorder and adjustment disorder, which also qualify as minor injuries.

In contrast, non-minor injuries are Generalised Anxiety Disorder, Panic Disorder or any other recognised psychiatric illness. If your injuries are non-minor, you may have a negligence claim.

Starting your claim

To begin your negligence claim, a psychiatrist will determine your percentage of Whole Person Impairment (WPI). This is assessed using the Psychiatric Impairment Rating Scale (PIRS).

How the PIRS works

The PIRS categorises the impact of your condition into six main groups:

1. Self-care and personal hygiene: covers your capacity to do everyday tasks like showering, dressing, and feeding yourself.
2. Social and recreational activities: your ability to engage in activities like going to movies, restaurants, or other leisure spots, as well as your involvement in clubs or groups.
3. Travel: whether you can travel independently to new places without supervision or assistance.
4. Social functioning: your capacity to build relationships and communicate effectively with others.
5. Concentration, persistence and pace: if you can maintain focus long enough to finish typical work duties.
6. Adaptation: also known as ‘deterioration’, this measures your capacity to attend work consistently and perform tasks without constant oversight.

For each category, your psychiatrist will assign a rating from one to five, indicating the level of impairment from none to extreme. Your WPI is then calculated using these ratings.

To see the exact calculation table, head to section 6.225 of the SIRA Motor Accident Guidelines.

Determining your compensation

The compensation you receive is based on your WPI.

10% or less WPI

Your compensation is restricted to past and future ‘economic losses’, such as:

• Lost earnings.
• Future earning capacity.

More than 10% WPI

A WPI of more than 10% means you’re entitled to all the above economic losses, as well as compensation for ‘non-economic losses’. These include:

• Pain and suffering.
• Reduced life expectancy.
• Disfigurement.

Because non-economic losses don’t have a set dollar value, you could receive a significant lump sum settlement.

To learn more about motor accident compensation in NSW, check out our detailed guide.

In Queensland, you can only make a claim if your anxiety is a symptom of a recognised psychiatric condition. Unfortunately, you cannot claim for normal anxiety or stress following a motor accident.

To make a successful claim, you must show that:

• The accident was caused (or partially caused) by someone else.
• A psychiatrist has diagnosed you with a recognised psychiatric illness, such as Generalised Anxiety Disorder or Panic Disorder.
• Your condition meets the minimum Injury Scale Value (ISV).

Injury Scale Value (ISV) assessments

Your ISV is evaluated by a registered psychiatrist, taking into account various factors, including:

• The Psychiatric Impairment Rating Scale (PIRS).
• Age and life expectancy.
• Reduced insight e.g. if you’re unaware that you’re behaving abnormally.
• Pain and suffering.
• Loss of amenities of life.
• The likelihood that these difficulties would have arisen regardless of the accident.

Understanding the PIRS

The PIRS is crucial in determining the Injury Scale Value for psychological injuries. It breaks down your condition into six main areas of impact:

1. Self-care and personal hygiene: performing daily tasks such as showering, cooking, and using the toilet without help.
2. Social and recreational activities: this involves going to cinemas, restaurants, or other recreational spots without assistance; being okay with visits from family and friends; and attending social gatherings.
3. Travel: your ability to travel away from home without help.
4. Social functioning: how well you can make new connections and keep up old ones, as well as your communication skills.
5. Concentration, persistence and pace: if you can stay focused long enough to finish simple tasks and have conversations.
6. Adaptation: also called ‘deterioration’, this refers to your capacity to attend work regularly and complete tasks without supervision.

You’ll get a rating from one to five for each category, with one meaning no impairment and five meaning extreme impairment.

For a deeper dive into how the PIRS scale is used in anxiety claims, see Schedule 5 of the Act. 

Determining your Injury Scale Value

Your psychiatrist will give you an ISV ranging from 0 to 100. This is based on your ratings in each PIRS category and the other factors mentioned above. The lower your ISV, the less severe your injuries.

• 0 – 1 ISV: minor mental disorder with a PIRS rating of 1 – 3%.
• 2 – 10 ISV: moderate mental disorder with a PIRS rating of 4 – 10%.
• 11 – 40 ISV: serious mental disorder with a PIRS rating of 11 – 30%.
• 41 – 65 ISV: extreme mental disorder with a PIRS rating of 31 – 100%.

What you can claim

Depending on how your condition impacts your life, you may be eligible to claim:

• Pain and suffering.
• Lost income (both past and future).
• Medical and treatment expenses (both past and future).
• Paid care and assistance.
• Care and assistance provided by loved ones.

To learn more about road accident compensation in Queensland, check out our detailed guide.

In Victoria, you can generally make a no-fault claim for anxiety after a motor accident. If the accident was caused (or partially caused) by someone else and your condition is ‘serious’, you may also be eligible for a negligence claim.

No-fault claims

You can make a no-fault claim for anxiety regardless of how the accident happened. A successful claim may result in weekly payments to cover:

• Lost income.
• Medical and hospital expenses.
• A lump sum payment (if you’re permanently impaired).

To learn more about how much you could receive, read our complete guide to motor accident compensation.

Permanent impairment lump sum

As part of your claim, a psychiatrist will assess your condition and determine your percentage of permanent impairment. This assessment happens around 18 months after your motor accident. If you have over 10% permanent impairment, you may be eligible for an additional lump sum payment.

Negligence claims

On top of your no-fault claim, you can also make a negligence claim if:

• The accident was not entirely your fault, and
• Your condition is ‘serious’.

Serious injuries

Your condition is ‘serious’ if either:

• You have 30% or more permanent impairment, or
• You have a serious injury certificate.

Assessing your Permanent impairment

After your accident, the Transport Accident Commission will have a psychiatrist assess your condition. This is done according to the Guide for the Evaluation of Psychiatric Impairment by Clinicians (GEPIC), which looks at six categories of mental function:

1. Intelligence: your capacity for understanding.
2. Thinking: the ability to form thoughts or create ideas in your mind.
3. Perception: how your brain reacts to internal and external stimuli.
4. Judgment: whether you can assess a situation and react appropriately.
5. Mood: the emotional tone underlying all your behaviour.
6. Behaviour: whether your behaviour is destructive or aggressive.

The psychiatrist will give each of these categories a ‘class’ from 1 – 5, where class 1 represents normal to slight impairment and class 5 is severe. They will then average these results out and give you a percentage of permanent impairment.

If it’s 30% or greater, your condition is considered ‘serious’ and you can begin your common law claim. If it’s under 30%, your next option is to apply to the TAC for a serious injury certificate.

Serious injury certificates

As the name suggests, a serious injury certificate is a document that confirms you have a ‘serious injury’ that was caused by a motor accident.

When deciding whether you qualify, the TAC will look at both your actual condition and the long-term impact of the accident on your life. While there is no minimum permanent injury percentage, you must show that you have a severe mental or behavioural disorder. Unfortunately, normal anxiety does not usually qualify.

Once you’ve secured a serious injury certificate, you can start your common law claim.

What you can claim

 A successful claim means you’re entitled to lump sum compensation for:

• Pain and suffering.
• Lost income (both past and future).
• Medical expenses (both past and future).
• Paid care and assistance.
• Care and assistance provided by loved ones.

‘Pain and suffering’ is designed to compensate you for the negative impact of the injury on your life. Since it does not have a set dollar value, you could receive a substantial lump sum settlement.

In South Australia, you can only make a motor accident claim for anxiety if:

• You are not entirely at fault for the accident, and
• You’re diagnosed with a recognised psychiatric illness.

‘Recognised psychiatric illnesses’ include Generalised Anxiety Disorder and Panic Disorder, as well as diagnoses where anxiety is a symptom of another condition, such as Post-Traumatic Stress Disorder (PTSD).

If your condition is severe, you may also be entitled to make a negligence claim.

Not at-fault claims

To make a claim, you’ll need to prove three criteria:

1. A psychiatrist has diagnosed you with a recognised psychiatric illness.
2. The accident was caused (or partly caused) by someone else.
3. The vehicle that caused the accident is registered in South Australia.

A successful claim means you may receive compensation to cover:

• Hospital and medical costs.
• Lost income (excluding the first week).
• Professional care.
• Travel to and from medical treatment.

Negligence claims

To make a negligence claim, you must prove the above three criteria and that your condition is severe. This involves having your Injury Scale Value (ISV) assessed by a psychiatrist, according to the Guide for the Evaluation of Psychiatric Impairment by Clinicians (GEPIC).

The GEPIC looks at six basic categories of mental function:

1. Intelligence: your ability to understand concepts.
2. Thinking: whether you can form thoughts or ideas in your mind.
3. Perception: your brain’s reaction to stimuli, both internal and external.
4. Judgment: how you assess situations and the way you react to them.
5. Mood: the emotions that underpin your actions.
6. Behaviour: if your behaviour is destructive or aggressive.

What you can claim

If your ISV is 8 or more, you can claim:

• Future loss of income or earning potential.

For an ISV of 11 or more, you’re also entitled to claim:

• Pain and suffering.
• Care and assistance from loved ones.
• Loss of consortium (the impact of your condition on your relationship with your spouse).

In Western Australia, you are entitled to make a claim for anxiety if:

• The accident was at least partially someone else’s fault, and
• You have a ‘recognised psychiatric condition’.

This means a psychiatrist must diagnose you with a condition like Generalised Anxiety Disorder or Panic Disorder. Unfortunately, you are not entitled to compensation for normal anxiety after a motor accident.

What you can claim

Depending on the severity of your condition, you may be able to claim:

• Medical expenses (past and future).
• Lost income (past and future)
• Care costs.
• Pain and suffering (if your claim is worth over $23,500).

‘Pain and suffering’ is a general term that covers the negative impact of your condition on your life. Unlike other aspects of your compensation, it does not have a set dollar value attached. This means you could receive a substantial lump sum settlement.

In Tasmania, you can generally make a claim for anxiety regardless of how the accident happened. You may also be eligible for a negligence claim if:

• Someone else was partially at fault for the accident, and
• You have a recognised psychiatric illness.

No-fault claims

With a no-fault claim, you’re entitled to basic compensation no matter who caused the accident. You may receive:

• Weekly income replacement payments.
• Medical expenses.
• Paid care and assistance.
• Care and assistance provided by loved ones.

Negligence claims

You may be eligible for an additional negligence claim if:

• The accident was at least partly someone else’s fault.
• You have a recognised psychiatric condition.

A psychiatrist must assess your condition and diagnose you with a recognised psychiatric condition like Generalised Anxiety Disorder or Panic Disorder. If you have normal anxiety that does not qualify as a recognised psychiatric condition, you may still have a no-fault claim.

What you can claim

• Pain and suffering.
• Lost income (past and future).
• Medical expenses (past and future).

‘Pain and suffering’ is a catch-all term to describe the negative impact of your condition on your life. It covers everything from reduced life expectancy to disfigurement. Since there’s no strict dollar value attached, you can receive a substantial lump sum payment.

To learn more about motor accident compensation in Tasmania, check out our detailed guide.

In the ACT, you can make a no-fault claim for anxiety no matter how the accident happened. You may also have a negligence claim if:

• The accident was at least partially someone else’s fault, and
• You have a recognised psychiatric condition.

No-fault claims 

Generally speaking, you can make a no-fault claim regardless of how the accident happened. A successful claim means you could receive:

• Lost wages.
• Medical treatment.
• Education and vocational training.
• Workplace and educational facility modifications.
• Care services like nursing, home maintenance and personal assistance.
• A ‘Qualify of Life’ benefit (if your condition is permanent).

Quality of Life benefits

A ‘Quality of Life’ benefit is an additional lump sum payment for motor accident victims with permanent injuries. To be eligible, an independent psychiatrist must assess your Whole Person Impairment (WPI) at 5% or more.

They will look at a variety of factors to determine whether your condition is permanent, including how long your condition has lasted, the likelihood of it improving, and any rehabilitation or treatment you’ve undertaken.

Negligence claims

You may also be eligible for a negligence claim if someone else caused the accident. This also includes situations where you’re partially at fault.

In addition, you must meet one of the following criteria:

1. You have 10% or more WPI.
2. You’re a child under 18 who is still receiving treatment and care benefits 4 years and 6 months after the accident.
3. You’re an adult who is still getting income replacement benefits 4 years and 6 months after the accident and your condition has a ‘significant occupational impact’.

WPI assessments

Once your condition stabilises, your WPI is assessed by a registered psychiatrist. This is done according to the Psychiatric Impairment Injury Scale (PIRS).

The PIRS measures the impact of your condition using key six areas:

1. Self-care and personal hygiene: whether you need assistance with basic daily functions, like feeding yourself and using the toilet.
2. Social and recreational activities: how well you tolerate living with other people and visits from family and friends.
3. Travel: whether you need supervision while travelling to new places.
4. Social functioning: if you’re able to function within society and live in populated areas.
5. Concentration, persistence and pace: whether you can follow instructions and carry out tasks without supervision.
6. Employability: if you can attend work regularly and work at a pace consistent with your condition.

For each of these categories, you will be assigned a class between 1 and 5. Class 1 means you have no deficit or you’re close to average, whereas class 5 means you have no capacity and are totally impaired.

Calculating your WPI

Once you receive a class for each PIRS category, these will be averaged out to get your percentage of WPI.

• Class 1 = 0–3%
• Class 2 = 4–10%
• Class 3 = 11–30%
• Class 4 = 31–60%
• Class 5 = 61–100%

If your WPI is 10% or more, you’re entitled to make a negligence claim.

To find out more about how WPI is assessed in the ACT, head to the WPI Assessment Guidelines.

What you can claim

If you meet all the criteria to make a common law claim, you may get compensation for:

• Pain and suffering.
• Lost income (past and future).
• Medical costs (past and future).
• Professional care costs.

For more about motor accident compensation in the ACT, see our detailed guide.

In the Northern Territory, you can usually make a no-fault claim for anxiety after a motor accident. You may also have a negligence claim if:

• You were not totally at-fault for the accident, and
• You have a recognised psychiatric condition.

No-fault claims

With a no-fault claim, you may receive:

• Wage-replacement payments (if you’re under retirement age).
• Medical and rehabilitation expenses.
• A lump sum (if your injuries are permanent).

Permanent impairment

If you have over 5% Whole Person Impairment (WPI), you may be eligible for an additional lump sum payment. To determine your WPI, a registered psychiatrist will assess your condition according to the American Medical Association Guide 6.

Negligence claims

If the accident was at least partially caused by someone else, you can also make a negligence claim. To do so, you must be assessed by a psychiatrist and diagnosed with a recognised psychiatric condition. This includes Generalised Anxiety Disorder and Panic Disorder.

A successful claim may result in compensation for:

• Pain and suffering.
• Lost income (past and future).
• Medical expenses (past and future).

‘Pain and suffering’ refers to the negative impact of your condition on your life. It’s designed to compensate you for a broad range of issues, from ongoing pain to lost enjoyment in life. Since pain and suffering does not have a strict dollar value attached, you could get a substantial lump sum payment.