When an ACC Claim Is Declined
ACC Claim Declined – What You Can Do Next
Receiving a decision from ACC declining cover for an injury can be difficult, particularly when the injury has had a significant impact on your health, work, or daily life.
However, a declined claim does not always mean that the matter is closed. In some situations, there may be options available to explore depending on the reasons ACC relied on when making the decision.
Understanding what steps may be available next can help clarify how to move forward.
What A Declined Claim Means
When ACC declines a claim, it means that ACC has decided the injury does not meet the legal requirements for cover under the Accident Compensation Act 2001.
Because ACC operates under legislation, it must apply specific legal criteria when determining whether a claim should be accepted.
If those criteria are not satisfied, ACC may decline cover.
It is important to understand that if cover is declined, the claimant does not have the right to access ACC entitlements.
These entitlements may include:
- Treatment Support
- Weekly Compensation
- Rehabilitation Services
- Lump Sum Compensation For Permanent Impairment
Access to these entitlements is only available once ACC accepts cover for the injury.
Step 1 – Read The Decision Letter Carefully
The first step after receiving a declined claim decision is to carefully review the ACC decision letter.
The decision letter usually explains:
- The Diagnosis ACC Relied Upon
- The Medical Evidence ACC Considered
- The Legal Criteria Applied
- The Reasons Why The Claim Was Declined
Understanding the specific reason for the decline is important because it can help determine what options may be available.
Step 2 – Identify The Key Issue In The Decision
Many ACC claim declines relate to one of several common issues.
For example:
- ACC May Believe The Injury Was Not Caused By An Accident
- ACC May Consider The Symptoms Degenerative Rather Than Accident-Related
- The Medical Evidence May Not Clearly Support The Diagnosis
- The Injury May Have Developed Gradually Without Meeting Gradual Process Criteria
Identifying the central issue can help determine what type of information may be relevant to the claim.
Step 3 – Consider Whether Further Medical Evidence May Be Helpful
Medical evidence plays a central role in many ACC decisions.
In some situations, further medical evidence may help clarify the cause of an injury or the diagnosis.
Examples of additional medical evidence may include:
- Specialist Medical Reports
- Updated Diagnostic Imaging
- Clinical Opinions From Treating Healthcare Providers
New medical information may sometimes provide additional context that was not available when ACC made the original decision.
Step 4 – Consider Applying For An Independent Review
If you disagree with an ACC decision, it may be possible to apply for an independent review.
A review is a process where an independent reviewer considers whether ACC made the correct decision based on the available evidence.
During the review process:
- ACC May Present Its Evidence
- The Claimant May Provide Additional Evidence
- An Independent Reviewer Will Consider The Information
In many situations, an application for review must be lodged within three months of the date of the ACC decision.
Step 5 – Understand What Evidence May Be Relevant
When challenging an ACC decision, the most important issue is often whether the medical evidence supports the claim.
Relevant evidence may relate to:
- The Diagnosis
- The Cause Of The Injury
- Whether An Accident Event Occurred
- Whether The Symptoms Are Consistent With The Accident
Understanding the issue ACC relied on when declining the claim can help identify what evidence may be relevant.
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