Accidents happen, and a resulting injury can have a devastating effect on your physical well-being and the financial security of you and your family. Unique in the world, NZ has replaced the arduous process of litigation (“suing”) for compensation with universal, instant, no-blame entitlements in the event of injury.
Often however entitlements are denied by ACC in its initial decision, particularly around weekly compensation. Our team will help you ensure you are getting your full entitlements under the intended purpose of the Act. We will review your medical and ACC file, advise you of your rights and entitlements, and represent you in disputing ACC’s decision at Tribunal level or in further appeal to the Court.
We know ACC can seem an overwhelming and impersonal government regime in the face of difficult personal circumstances due to your injury. However we know how the system works, it’s procedures, it’s requirements, and your lawful entitlements. Our goal is to help you receive your fair entitlements, whether it is weekly compensation, rehabilitation, or other forms of medical help.
First Right of Appeal – Review Tribunal
If you have had an application for entitlement turned down by ACC in the form of a decision letter you can dispute this by way of ‘review’. You must apply for review within 3 months of receiving your decision letter.
Evidence is medically based and is sometimes complex. Our services include lodging the application, collating your medical evidence, organising further medical reports if required, and presenting the evidence to the Review Tribunal adjudicator.
ACC legislation provides for review legal costs to be covered by ACC up to approximately $750. Depending on the complexity of the case we may ask for a modest ‘top up’ of that covered by ACC
Second right of appeal – District Court
If you disagree with the decision of the Review Tribunal you can appeal to the Court. Please note a Review decision must be appealed in the shorter time of 28 days. It is a de novo hearing (evidence must be restated) and is before a dedicated Judge in ACC hearings.
It is a more formal, time consuming and costly exercise but if you win, a significant proportion of your costs will be covered by ACC. If you lose you will be required to pay our costs but will not be asked to pay ACC legal costs, unlike other jurisdictions where the losing party of a Court hearing will often be ordered to pay the winning parties legal costs.
How to start your ACC dispute?
We welcome all enquiries regarding your dealings with ACC and any decision made by them. We will advise you on the best ways to approach your next steps, and help you in disputing any decision made on your injury.