Quick Answer: The Usual Time Limits

In Victoria, TAC weekly payments commonly fall into two main stages:

• Loss of Earnings (LOE): generally payable for a maximum period of 18 months from the date of accident (or from when the injury first manifests),
  provided your incapacity is supported by certificates of capacity.
• Loss of Earning Capacity (LOEC): can generally be paid after 18 months if you still have an accident-related reduced capacity for work.
  In many cases, LOEC is paid up to 3 years from the date of accident (i.e., for a further period after LOE ends), with limited exceptions where payments may continue longer.

The exact answer for you depends on your work status, medical evidence, and whether TAC accepts that your incapacity is still caused by the transport accident injuries.

What Are “TAC Weekly Payments” Exactly?

When people say “weekly payments,” they’re usually talking about TAC’s income support payments that replace some of your lost income when you can’t work, or can’t work as much.
You might hear terms like:

• Income support
• Weekly payments (even though some are paid fortnightly)
• Loss of Earnings (LOE)
• Loss of Earning Capacity (LOEC)

The important concept is that TAC looks at work capacity, not just diagnosis. Plenty of people have pain or symptoms but can still do some work.
Others have injuries that make work unsafe or impossible. Weekly payments are designed to support you during that time—especially while you’re in treatment and rehabilitation.

In Melbourne, it’s common to see weekly payment issues come up when:

• a return-to-work plan stalls or fails
• your employer can’t accommodate suitable duties
• you’re casual and hours are inconsistent
• you’re self-employed and income proof is complicated
• you approach a key milestone (18 months or 3 years)

Stage 1: Loss of Earnings (LOE) — The First 18 Months

For most working people injured in a transport accident, the first stage of income support is Loss of Earnings (LOE).
LOE is the benefit that applies in the first 18 months after the accident (or after an injury first manifests), while you have an incapacity to work due to accident injuries.

How long can LOE be paid?

LOE benefits are generally payable for a maximum period of 18 months—but it’s not automatic. TAC typically requires:

• Medical evidence that your incapacity is due to transport accident injuries, and
• Certificates of capacity (updated regularly), and
• Evidence of your pre-accident earnings and (if applicable) your current earnings.

What “counts” during the LOE period?

LOE can apply whether you are:

• fully off work (total loss), or
• back at work part-time / reduced duties (partial loss).

The key is that the loss must be connected to the injury. If TAC believes you can work but you’re not working for reasons unrelated to your accident injuries,
LOE may be reduced or stopped.

Why LOE sometimes stops before 18 months

Even though LOE can be paid up to 18 months, it may stop earlier if:

• you recover enough to return to work at full capacity, or
• your doctor certifies you have capacity for work and TAC accepts that, or
• there are gaps in certificates of capacity, or
• TAC decides your ongoing incapacity is not due to transport accident injuries.

This is why consistency in medical documentation matters so much. It’s not just a formality—it’s the backbone of your entitlement.

Why the 18-Month Date Matters So Much

The 18-month point is a major milestone because it’s where TAC often shifts from “what were you earning and what are you earning now?” (LOE)
to “what is your ongoing capacity to earn?” (LOEC).

In practical terms, this milestone affects:

• Which benefit applies (LOE vs LOEC)
• What evidence TAC focuses on (wage loss vs earning capacity)
• What assessments may occur (medical, vocational, functional capacity)
• Your planning horizon (what happens if you’re not back at work by then)

If your recovery is slow, complex, or affected by multiple injuries (for example, physical injuries plus psychological trauma), the 18-month date is worth tracking in your calendar early.
Waiting until month 16 or 17 is one of the most common ways people end up in a stressful scramble.

Stage 2: Loss of Earning Capacity (LOEC) — Often Up to 3 Years

If you still have an accident-related incapacity to work after 18 months, TAC may assess you for Loss of Earning Capacity (LOEC).
LOEC is aimed at situations where the accident has reduced your ability to earn—not just in the immediate short term, but in a more sustained way.

When can LOEC start?

LOEC can only be paid after 18 months from the date of the transport accident (or once a person turns 18 in certain minor-related situations).
If TAC needs more information to determine LOEC, it may continue paying LOE while the LOEC decision is being worked through.

How long can LOEC be paid?

In most cases, LOEC is generally payable so that weekly payments cease no later than 3 years from the date of accident—meaning many people receive:

• up to 18 months of LOE, and then
• up to a further period of LOEC (often described as “the second 18 months”).

What’s different about LOEC compared to LOE?

LOE tends to be about your actual earnings and the immediate impact of injury on wages. LOEC is more about your capacity: what you can earn now given your injuries,
compared with what you likely would have earned if the accident had not occurred.

This is why LOEC often involves more detailed assessment:

• your qualifications and work history
• your transferable skills
• functional restrictions (lifting, standing, concentration, driving tolerance)
• vocational rehabilitation and job options
• ongoing medical evidence linking incapacity to accident injuries

For many people, LOEC is the stage where advice becomes especially valuable—because a decision about “earning capacity” can significantly affect what you receive.

Can Weekly Payments Continue Beyond 3 Years?

For most people, weekly payments stop by the 3-year mark. However, TAC policy notes that LOEC can be paid beyond 3 years in a small number of cases—
particularly where a person’s impairments have been determined over 50% and the person has an ongoing reduced capacity for work.

This is not the standard scenario, but it’s important to know it exists if you have a serious injury.
In these cases, long-term planning often includes:

• formal impairment assessment processes
• ongoing medical management and documentation
• clear evidence of sustained reduced capacity
• reviewing whether other compensation pathways apply (depending on the claim)

If you’re dealing with a major injury, you typically don’t want to leave “beyond 3 years” questions until the last minute.
It’s the kind of issue that benefits from early, structured planning and proper documentation.

When TAC Weekly Payments Can Stop Early

A lot of people assume weekly payments stop only because of time limits. In reality, payments can stop earlier if TAC decides the entitlement criteria are no longer met.
Common triggers include:

You’re certified as having capacity for work

If your treating doctor certifies you can return to work (even with restrictions), TAC may adjust or cease weekly payments depending on your post-accident earnings and capacity.

Your incapacity is no longer accepted as accident-related

TAC weekly payments are intended for incapacity caused by transport accident injuries. If TAC believes your current inability to work is due to something else
(for example, a non-accident illness, unrelated injury, or non-injury-related work barrier), payments can be affected.

Gaps in medical certificates

Certificates of capacity are often required regularly. If there’s a gap, TAC may pause payments because the evidence trail is interrupted.
This is one of the most common “administrative” reasons payments stop temporarily.

Your earnings change

If you return to work and your earnings increase, partial weekly payments often reduce because the gap between pre-accident and current earnings is smaller.
That reduction can feel like “TAC is stopping payments,” but often it’s a calculation outcome based on earnings.

Non-compliance with reasonable requests (case-by-case)

If TAC requests information to assess entitlement and it isn’t provided, that can slow or interrupt payment decisions. (This isn’t about being “punished”—
it’s about TAC not being able to complete an assessment without inputs.)

Special Notes for Minors (Under 18)

Weekly payments for minors can operate differently depending on age and work status. Some minors may qualify as “earners” if they were working (or had entered into arrangements to work)
before the accident, which can affect entitlement to LOE/LOEC.

There are also TAC provisions around impairment benefits for minors (including a weekly benefit payable to a parent or guardian in certain situations from 18 months after the accident until the child turns 18).
The exact pathway depends heavily on the child’s circumstances, age, impairment assessment and eligibility rules.

If a child or teenager in Victoria is injured in a transport accident, it’s worth getting advice early—because the timing rules can become more nuanced once you factor in turning 18.

Self-Employed and Casual Workers: Timing Still Matters

Whether you’re a salaried employee in the CBD, a casual worker in hospitality, a tradie running your own business in Melbourne’s suburbs, or a gig worker with fluctuating income,
the time limits generally still revolve around the same major milestones: 18 months and 3 years.

Why self-employed people often feel the time pressure more

Self-employed claimants can face longer evidence-gathering timeframes (tax returns, BAS, profit and loss statements, invoices, accountant letters). If you delay organising these,
you can accidentally lose months that you needed to clarify your entitlement.

Why casual workers can face payment “movement”

Casual workers often return to partial work in a graded way. If hours vary week to week, weekly payments can change as earnings change. It’s normal, but it’s stressful if you’re not expecting it.
Keeping rosters, payslips, and a simple diary of hours worked can reduce confusion when payments are recalculated.

What to Do Before You Hit 18 Months

If you want to protect your entitlements and reduce the risk of a sudden drop in income at month 18, these steps help:

1) Track your “accident date + 18 months” now

Put the 18-month date in your calendar with reminders at 12 months, 15 months, and 17 months. It’s not about stress—it’s about avoiding a last-minute scramble.

2) Keep medical certificates consistent

If your GP is issuing certificates of capacity, keep them current and ensure they reflect your actual restrictions. If your condition changes, update the certificate.

3) Build a clean return-to-work paper trail

If you’re returning to work gradually, make sure your plan matches your medical restrictions. If suitable duties aren’t available, document that clearly with your employer.

4) Gather evidence for earning capacity early (if recovery is slow)

If you’re nowhere near returning to your normal role, ask: what evidence will be needed to assess LOEC? That might include specialist reports, rehab reports, or vocational assessments.

5) Get advice early if you’re stuck

If your payments are inconsistent, delayed, or you’re being told your capacity is higher than it realistically is, advice earlier often prevents bigger problems later.

What to Do Before You Hit 3 Years

The 3-year mark matters because for many people it’s where weekly payments stop. If you’re approaching 3 years and still have reduced work capacity, planning is essential.

1) Clarify your LOEC status and end date

Don’t assume. Ask for clear confirmation about what benefit you’re on, what the assessment basis is, and when it’s expected to end (subject to ongoing capacity evidence).

2) If you have a serious injury, understand “beyond 3 years” criteria

If your impairments are substantial, you may need to explore whether you meet criteria for ongoing payments beyond 3 years.
This is often tied to high impairment determination and ongoing reduced capacity.

3) Review your broader compensation options

Weekly payments are only one part of TAC support. Depending on your circumstances, there may be other compensation pathways (for example, impairment benefits and—if applicable—common law damages).
These are complex areas, so tailored advice is important.

4) Plan your financial runway

Even if you expect payments to continue, build a conservative plan. If payments end, you don’t want to face an instant crisis while still recovering.

Common Mistakes That Shorten Payments or Create Gaps

Here are the most common issues we see that can lead to payments stopping earlier than expected (or being interrupted):

Leaving certificate renewals too late

A single gap can create weeks of administrative delay. Put reminders in your phone a week before the certificate expiry.

Assuming “pain equals no capacity” without documentation

TAC decisions are evidence-driven. It’s not enough to be struggling—you need your doctor and/or specialist reports to clearly describe restrictions and why they’re accident-related.

Returning to work too early to keep payments

This backfires. If you push through and worsen your condition, your recovery can stall and you may end up in disputes about capacity. A safe graded plan is usually better for both recovery and entitlements.

Not documenting employer “no suitable duties” situations

If your employer can’t accommodate restrictions, you want that recorded. Otherwise it can look like you “chose not to work,” which creates avoidable disputes.

Not planning for milestone dates

18 months and 3 years are not just numbers—they’re structural points in the TAC scheme. Planning around them reduces stress and surprises.

A Simple Timeline You Can Screenshot

Here’s a practical, simplified timeline for most Victorian claimants:

• 0 to 18 months: Weekly payments are usually Loss of Earnings (LOE), provided you have accident-related incapacity supported by certificates of capacity.
• At 18 months: If you still have accident-related reduced work capacity, TAC may assess for Loss of Earning Capacity (LOEC).
  LOE may continue temporarily while LOEC is being determined.
• 18 months to 3 years: Weekly payments may continue as LOEC (often described as the second stage).
• Beyond 3 years: Weekly payments generally cease, except in a small number of serious injury cases (for example, where impairments are determined over 50% and there is ongoing reduced capacity for work).

Your exact situation can differ, but those are the milestone points most people in Melbourne and Victoria need to plan around.

Frequently Asked Questions

Are TAC “weekly payments” actually paid weekly?

People often call them weekly payments, but TAC income benefits are commonly paid on a regular cycle (often fortnightly). The “weekly” part is usually the way the entitlement is calculated.

Can I get weekly payments if I return to work part-time?

Often, yes. If you’re earning less because your accident injuries reduce your hours or duties, payments may continue as a partial benefit to cover some of the gap.

What if I’m still injured at 18 months?

If you still have accident-related incapacity after 18 months, TAC may assess you for LOEC. This can involve additional evidence and sometimes vocational assessment.

Do weekly payments stop exactly at 18 months?

LOE is generally payable for up to 18 months, but TAC may continue LOE while determining LOEC if further information is required. Don’t assume an abrupt stop without checking your status.

Do weekly payments always stop at 3 years?

For most people, yes. However, there are exceptions for some serious injury cases where weekly payments may continue beyond 3 years (for example, high impairment determinations and ongoing reduced capacity).

What’s the best way to avoid payment interruptions?

Keep certificates of capacity current, document your restrictions and work attempts, provide wage evidence promptly, and start planning early for the 18-month and 3-year milestones.

Final Thoughts: Plan Early, Protect Your Entitlement

How long can you receive TAC weekly payments in Victoria? For most people, the structure is:
LOE for up to 18 months, then potentially LOEC up to 3 years from the accident date—subject to ongoing accident-related incapacity and evidence.
In a smaller number of serious injury cases, weekly payments can continue beyond 3 years.

The biggest practical takeaway is this: track your milestone dates early and keep your medical and work capacity evidence consistent.
That one habit prevents a lot of financial stress.

Recommendation: If you need help understanding your TAC weekly payments, a looming milestone date, or a payment dispute in Melbourne or across Victoria,
consider contacting Hymans Legal.

? Call Hymans Legal on 1300 667 116
? Visit: https://hymanslegal.com.au/

The right advice can help you understand what stage you’re in (LOE vs LOEC), what evidence you need, and what options you have if payments are delayed or ending sooner than expected.