Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18 In the matter of...
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Did you know that in NSW you’re covered for workers compensation to and from work if there’s a real and substantial connection between the accident that caused your injury and your employment? These are known as ‘journey claims’.
First things first. If you are injured in a motor vehicle accident, there are Compulsory Third Party (CTP) insurance schemes in every state and territory to help you get better. However, if you’ve become injured or ill at work, including as a result of a motor vehicle incident, you can generally make a workers’ compensation claim.
Everyone has the right to go to work each day, knowing they’ll come home safely. If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries.
There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. You could be forgiven for being a little confused about where to start. After all, workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by.
This blog explores your options if you are injured while driving for work, including where to lodge a claim.
Most of us will rely on a motor vehicle of some sort, either as a passenger or driver, to get to and from work each day, and sometimes even during work time.
If you get hurt in a motor vehicle accident (including on public transport or as a passenger), while you’re working, your claim for compensation for time off work and medical expenses is made to your employer under the workers’ compensation scheme, not the CTP insurer (although it’s worth checking to see if you do have rights under CTP insurance).
If you do have a workers’ compensation claim, you’ll be entitled to claim payments including:
· weekly payments to cover loss of income
· medical and associated expenses
· rehabilitation services, and
· a lump sum payment in some circumstances.
If someone else was at fault for your injury, you may also be able to make a common law claim for compensation for pain and suffering, loss of earnings, and for your past and future medical expenses and care needs. Examples of when someone else may be at fault for your injury include:
· another driver if they were driving dangerously
· the local council/road authority if the road was not safe
· the site owner if you were driving in an unsafe worksite, and
· your employer if the work car you were in was not maintained properly
Read more here: Do I need a lawyer to run my NSW workers’ compensation claim? – Littles
Important: If you get injured in a road accident going to or from work, you’ll need to make your claim for compensation with the CTP insurer as this is not considered part of your work day unless you can show that there’s a real and substantial connection between your employment and the accident that resulted in the injury. If you’re on a break and hop into your car to grab some lunch, this is called an ‘authorised recess’ from work and is covered by workers’ compensation.
Read more here: Do you work from home? If you WFH, you’re probably not worried about getting injured while on the road for work. However, accidents can still happen. You may be able to make a workers’ compensation claim where you have injured yourself working from home
The NSW workers’ compensation system can be complex, which is why it helps to seek quality legal advice as soon as possible. At Littles, we are experts in workplace injuries, and can help manage the process to ensure that you receive all appropriate entitlements and support. With Littles on your side, we can ensure that you get the fair treatment you deserve.
If your workers’ compensation claim has been rejected, or you would like to understand how to claim benefits to support you and your family while you are injured or ill, please get in touch for a no-obligation chat.
Read more here: Help! My NSW workers’ compensation claim has been rejected. What do I do? – Littles
IMPORTANT: There are strict time limits for making and disputing a claim, so take advantage of our FREE initial consultation and get in touch. You have nothing to lose by speaking to one of our compensation law experts. The sooner we determine your eligibility to make or appeal a claim, the sooner we can help you to obtain or continue getting funding from the insurer so your rehabilitation can proceed smoothly.
Not only do we offer a FREE initial consultation we handle most insurance claims on a no win, no fee basis.
The Head of our NSW team, Jessica Cheung, is an expert in NSW workers’ compensation claims. If you think you might have a claim, reach out to Jessica and her team for high quality legal advice.
Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.
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