Can You Lodge an ACC Claim for a Medical Injury Without Going Through Your GP?

If you believe you have suffered harm from a medical procedure in New Zealand, you're probably wondering whether you must go through your GP to file a claim with the ACC. The short answer is: No, you don't. Here's what you need to know.

Understanding Treatment Injury Claims

In New Zealand, the Accident Compensation Corporation (ACC) provides cover for what's known as "treatment injuries". These are injuries caused by, or related to, medical treatment. That includes surgery, medication, injections, vaccinations, or even something as simple as a misdiagnosis or a delay in treatment.

While GPs are often the first port of call, they are not the gatekeepers. You have options.

You Can Lodge a Claim Without Your GP

A person can begin an ACC claim for a treatment injury through several routes:

• Self-Lodged Claim – You can complete the forms and submit them directly to ACC.

• Alternative Health Providers – You can ask another ACC-registered health professional to assist you. This includes physiotherapists, nurse practitioners, chiropractors, osteopaths, dentists, and some registered naturopaths.

• Through a Support Person or Advocate – A lawyer, patient advocate, or support worker can also help you complete the process.

Important: While you don’t have to go through your GP, ACC will still require medical documentation to consider your claim. This includes clinical notes and a diagnosis from a registered health practitioner.

What Forms Are Needed?

• ACC2152 – Treatment Injury Claim Form – The main form for initiating a treatment injury claim. It covers your details, the treatment received, and the nature of the injury.

• ACC18 – Medical Certificate – Required only if you're seeking compensation for time off work.

• Supporting Documentation – Medical records, diagnosis, symptom timeline, and any relevant specialist reports or imaging.

The Case for Appointing a Lawyer as Your Proxy

One of the smartest steps you can take is to appoint a lawyer as your official proxy to manage your claim.

Why?

• The ACC immediately treats your claim more seriously.

• It reduces the stress and burden on you.

• It signals to ACC that you're not going away quietly.

If your doctor agrees to file the claim, let them do so. That gets things started. Meanwhile, prepare to take control of the claim process once the likely rejection letter arrives.

The Process from Here

1. Wait for the Rejection Letter – Odds are, you’ll receive one. This is normal. Expect it.

2. Prepare to Appoint a Lawyer – Have your paperwork ready. You’ll need to complete the:

   • ACC5937 – Authority to Act FormThis form officially allows someone (usually your lawyer) to act on your behalf in dealings with ACC. It means your proxy can request files, submit paperwork, and lodge appeals.

3. Engage a Lawyer or Advocate – Give them the ACC5937, along with your medical notes, correspondence, and any other documentation.

4. Prepare Supporting Reports – Work with a practitioner like myself to draft a clear, evidence-backed narrative explaining what happened and the consequences for your health.

5. Submit the Appeal – Your lawyer will refine the reports, prepare the submission, and file a formal review or appeal of the decision.

6. Relax, Monitor, and Support – With a lawyer and a well-prepared case on your side, you can now step back a little. Let the professionals do the heavy lifting.

Don’t Worry About Costs

Please don’t let legal costs stop you. This is where people like me come in. I can help you navigate the appeal, strengthen your evidence, and stay the course.

I have a handful of lawyers who may be willing to take your case on at no charge. At the very least, I and they will always be upfront and clear about any costs before they are incurred.

Some of us are doing this not for the money, but because it's the right thing to do. For justice. For what is fair. For helping those who might otherwise fall through the cracks.

The main limitation on myself and these lawyers is time. We are dealing with a heavy load of cases and complex claims. So if you ask us for help, please be organised, respectful of time, and prepared to do your part in gathering documents and evidence.

Be Prepared for Rejection

Here’s the brutal truth: the odds are at least 80% that your claim will be rejected. Accept this as part of the game. ACC's default position is to decline and hope you give up.

But the real action starts from the moment you receive your rejection letter.

Your job now is to send a clear signal: you’re not just here to play the game – you're here to win. That means pushing back. Challenging. Appealing. Gathering more evidence.

You’re Not Just Doing This for You

When you file a claim for this kind of injury, you’re not only doing it for yourself and your family. You’re doing it for the many others who are less fortunate, less able, and often completely overwhelmed by the system.

Every successful claim of this kind creates a legal and bureaucratic precedent. It opens the door for others. It lays a path. It proves that the mountain can be climbed.

So, by patiently and persistently pursuing justice through the ACC, you are performing good works of the highest order. You are helping to carve out justice for others who might not otherwise find it.

A Word of Warning

ACC and its so-called "independent" medical experts are not on your side. Their job is to protect the billions of dollars in ACC reserves. Make no mistake: that’s your money. Taken from your wages, in exchange for surrendering your right to sue.

The ACC narrative that they’re here to help is mostly spin. They want to close files, not open wallets. They want you to give up. Most do. But not you.

The medical experts they hire are hand-picked. Unless you can afford your own specialist (often from overseas), you're at the mercy of their system. They bet on your exhaustion, your ill health, your lack of funds. It works. Most claims never get to the finish line.

But this is your life, your health, your right. Don’t walk away.

I have been involved in this industry since the late 1970s. My purpose in writing these articles is to assist you in comprehending the system and how to outsmart it - to utilise it in the way it was designed to benefit you rather than hinder you.

Final Thoughts

The process may be frustrating and long-winded, but you are entitled to care, support, and compensation. Be assertive. Be stubborn. Don’t take no for an answer. If you need guidance, contact me.

Further Reading

(Note that some of these articles may need updating but are still full of useful information).

• https://www.garymoller.com/post/the-power-of-words-in-medical-diagnosis-and-acc-claims

• https://www.garymoller.com/post/the-evolution-and-decline-of-new-zealand-s-accident-compensation-corporation-acc

• https://www.garymoller.com/post/bombshell-what-came-unstuck-in-new-zealand-lessons-for-the-world

• https://www.garymoller.com/post/injection-harm-how-to-file-an-acc-claim

• https://www.garymoller.com/post/how-sick-is-new-zealand

• https://www.garymoller.com/post/the-medical-mafia-strikes-again

• https://www.acc.co.nz/im-injured/what-we-cover/treatment-we-pay-for

---

Medical Disclaimer: This article is for educational purposes only and is not a substitute for professional medical or legal advice. If you believe you have a treatment injury, seek guidance from a qualified health professional and consider consulting a legal expert familiar with ACC claims.