Injured on the road for work? Who should you make a compensation claim with?

In every state and territory, we have a number of different schemes and programs to help people who have been injured get back on their feet. If you’ve become injured or ill at work, you can make a claim for Worker’s Compensation. If you’ve suffered an injury on the roads there are a range of compensation benefits you can claim through Compulsory Third Party (CTP) insurance.

What happens if you get injured on the road as part of your job?

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), whilst you’re working, your claim for compensation for time off work and medical expenses is made to your employer under a Workers Compensation scheme, not CTP insurer (although you might also have rights under the CTP scheme). This also applies if, for example, 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.

If you’ve been injured, you can use our Free Online Claim Check to find out where you stand and whether you might have a Workers' Compensation claim.

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.

These entitlements are known as No-Fault Entitlements, meaning they are claimable regardless of who was at fault for the accident.

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.

A number of different rules will apply for different types of common law claims, along with time limits. We recommend that you speak with an experienced lawyer to ensure you understand your rights as early as possible.

What happens if you get injured on the road going to or returning from work?

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 substantial connection between your employment and the accident that resulted in the injury.

To check whether you may have a Motor Vehicle Accident claim, you can use our Free Online Claim Check. Simply answer a few questions to whether you may be entitled to compensation.