How compensation is decided
There are two ways that claims may be assessed: Tier 1 and Tier 2. Depending on the harm you suffered, you may only be eligible for the simpler one, Tier 1. We will tell you whether you are eligible for only Tier 1 or also for Tier 2. If you are eligible for Tier 2, you can decide which process you prefer.
The two ways a claim can be assessed
| The simpler way (Tier 1) | The more detailed way (Tier 2) | |
|---|---|---|
| Most you can receive | $30,000 | Up to $1,000,000 for lost income and lost earning capacity. Other kinds of loss are not capped. |
| What you have to do | Submit the Claim Form and a government-issued photo ID for verification purposes. | Submit the Claim Form and a government-issued photo ID for verification purposes. Take part in an interview, work with us to gather supporting documents, and potentially provide names of witnesses. |
| Interview? | No. We may call to ask a few questions about your answers. | Yes. |
| Other documents? | No. | You may be asked to sign a form allowing us to get records (for example tax, medical or employment records) to check and value your claim. |
What is taken into account
When we assess a claim we look at:
- Loss of enjoyment of life, pain and suffering, or disability
- Money you lost: income you did not earn in the past, your ability to earn in the future, and opportunities you lost
- The cost of care, past and future, for example counselling fees and other expenses
How the money is shared out
The settlement amount is $30,000,000 plus interest. After Court-approved fees and expenses, the remaining amount will be shared among people whose claims are approved.
The money is divided into two funds with different deadlines, so that people are paid as soon as reasonably possible rather than everyone waiting for the very last claim.
If the total of all approved claims is more than the money available, everyone receives a share of what they were assessed, worked out as a percentage.
This is called a pro rata distribution. It means the amount you are assessed at is not necessarily the amount you receive.
Why we cannot yet tell you an amount
We know this is the question people most want answered, and we would rather be straight with you than guess.
How much anyone receives depends on how many claims are made, how they are assessed, and how much money is left after Court-approved costs. None of that is known until the deadlines have passed and the claims have been assessed.
Be careful of anyone who tells you what your claim is worth. Nobody can know that yet.
If you disagree with your assessment
You can ask an independent Arbitrator to review it. We will explain how when we write to you with your result.