ACC Claims in New Zealand

Can I sue the person or business that injured me?

Generally, no. Section 317 of the Accident Compensation Act bars claims for compensatory damages for personal injury covered by the scheme — that is the trade for no-fault cover. Narrow exceptions exist, such as exemplary (punitive) damages for outrageous conduct, and injuries genuinely outside the scheme's cover. The practical consequence: the fight that matters is almost always with ACC about cover and entitlements, not with the person who hurt you.

ACC declined my claim as "degenerative, not an injury". Is that the end?

No — it is the beginning of the most commonly won challenge in the scheme. Whether a condition is a covered injury or mere degeneration is a medical-causation question, and reviewers and the District Court regularly overturn declines when proper specialist evidence links the condition to the accident. You have three months from the decision to apply for review; use the time to get the medical evidence, not just to file the form.

How much is weekly compensation, and when does it start?

Weekly compensation is 80 per cent of your pre-injury earnings while the injury stops you working, calculated under the Act's earner rules. For a work injury the employer pays the first week and ACC takes over from there; for non-work injuries there's a one-week stand-down before it begins. Disputes usually arise at the other end — when ACC decides you can work again and stops payment. That decision is reviewable like any other, on the same three-month clock.

How do I challenge an ACC decision, step by step?

First, make sure you have the decision in writing. Second, apply for an independent review within three months of the decision — the form is short; the substance is the evidence you attach. Third, attend the review hearing, where an independent reviewer looks at the matter afresh. Fourth, if the review goes against you, appeal to the District Court within 28 days. Both deadlines are strict, with only exceptional-circumstances escape hatches — so treat the dates as immovable.

What is a treatment injury?

Harm caused by medical treatment itself — not by the condition being treated, and not a mere failure to achieve a good outcome. Surgical injuries, medication harm and infection cases are typical. Treatment-injury cover carries the same entitlements as any other covered injury, and no negligence needs to be proved — but the causation line between "the treatment injured you" and "the underlying condition ran its course" is where these claims are won and lost.

Can I get a lump sum for a permanent injury?

Yes — a lump-sum payment exists for permanent impairment from a covered injury, once your condition has stabilised and an assessment puts your whole-person impairment at or above the qualifying threshold. The assessment process, and challenging a low assessment, are reviewable decisions like any other. Lump sums sit alongside, not instead of, your other entitlements.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about ACC cover, entitlements and the review-and-appeal process — not legal advice on your specific claim — and calling creates no lawyer-client relationship. For a review or appeal, book a one-hour consultation with a New Zealand lawyer for a fixed NZ$295 (GST inclusive), right on the call.