Ian Paterson settled with a $125,000 payout from TAC. (Stewart Chambers: 574947_01)

A Victorian man who lived with years of debilitating neck pain following a road accident has secured $125,000 in pain and suffering compensation after previously believing he was not entitled to pursue a TAC claim.

Noble Park resident Ian Paterson was injured in a rear-end collision in 2018. The impact caused an immediate jolt to his neck and was followed by persistent pain, restricted movement and frequent headaches.

His condition failed to improve with conservative treatment, and in August 2019 he underwent an anterior cervical discectomy and fusion across two levels of his spine. Although the surgery initially provided some improvement, his symptoms later returned. A subsequent CT-guided injection also failed to provide lasting relief.

The injuries significantly affected Mr Paterson’s independence and quality of life. Activities he previously enjoyed, including horse riding, scuba diving and sailing, became difficult or impossible. Even basic tasks around the home were affected.

Following surgery, Mr Paterson said he was unable to lie down comfortably for more than two weeks and was forced to sleep sitting upright in a lounge chair.

Initially told he was not eligible

Mr Paterson attempted to seek compensation through the TAC but understood that he was ineligible because his level of whole-person impairment did not reach 20 per cent.

It was only several years later, while pursuing a separate WorkCover claim relating to his employment as a patient transporter, that Arnold Thomas & Becker identified that he may still have a right to pursue TAC compensation.

“I was shocked. I told my solicitor, ‘You’re joking, are you?’” Mr Paterson said.

“It was a total coincidence, and I wouldn’t have gotten anything. I wouldn’t have claimed anything. I wouldn’t have even known to claim.”

Arnold Thomas & Becker lawyer Ciara Smith, who is based at the firm’s Dandenong office, assisted Mr Paterson with his claim.

The matter ultimately resolved with the TAC agreeing to pay Mr Paterson $125,000 in pain and suffering damages, together with agreed legal costs.

Impairment is not the only consideration

Mr Paterson’s experience highlights an important and frequently misunderstood part of Victoria’s TAC compensation system.

An impairment assessment is not necessarily the only pathway to compensation. A person whose injuries do not reach a particular whole-person impairment percentage may still satisfy the separate legal test for a “serious injury”.

That assessment can take into account the long-term consequences of an injury, including chronic pain, psychological effects, reduced mobility, loss of independence and the impact on a person’s work, family life and recreational activities.

For this reason, people injured in transport accidents should consider obtaining independent legal advice rather than assuming that an impairment percentage, an initial rejection or information received early in the claims process has brought their matter to an end.

Mr Paterson said the settlement provided some financial assistance, but it could not compensate for the continuing physical effects of his injuries.

“The money is one thing and it makes things easier, but pain, it’s constant,” he said.

“I’d rather have a healthy body than all the money in the world.”

Calls for a more claimant-focused TAC system

Mr Paterson has also supported calls for stronger mechanisms to ensure the experiences of injured people inform how the TAC operates.

His comments follow the Victorian Parliament’s Legal and Social Issues Committee inquiry into claims made through the TAC. The inquiry examined the difficulties experienced by claimants, particularly people living with complex or life-changing injuries.

Among its recommendations was consideration of a Client Advisory Board, or a similar mechanism independent of the TAC, to help guide service improvements and ensure the voices of claimants are properly represented.

Mr Paterson said his own experience left him feeling unheard throughout the claims process and reinforced the importance of injured Victorians receiving clear, accurate and accessible information about their rights.

Unsure whether you have a TAC claim?

TAC claims can involve several different forms of support and compensation, each with its own legal tests. Being told that you do not meet one threshold does not necessarily mean that no other options are available.

Arnold Thomas & Becker can review your circumstances, explain the different compensation pathways and identify whether further entitlements may be available.

If you have been injured in a transport accident or are uncertain about an existing TAC claim, contact Arnold Thomas & Becker on 1300 333 300 for confidential legal advice.

This article is based on reporting published by the Dandenong Star Journal on 8 September 2026. Individual outcomes depend on the circumstances of each claim.