Your entitlements in a motor vehicle accident travelling to work

Have you sustained injuries in a motor vehicle accident, or a car accident on the way to work? If so, you may be eligible to receive through your employer’s Workers’ Compensation insurer. For most Queensland employers, this workers' compensation insurer is WorkCover Queensland. If you are not at fault in the car accident, you may also be entitled to a compensation claim through the at-fault vehicle driver’s Compulsory Third Party (CTP) insurer.

What’s Involved in Making a Compensation Claim with WorkCover Queensland?

Unlike other insurers, WorkCover Queensland does not operate under an at-fault-based system. So, when you lodge a statutory claim, you do not have to show that you were at fault.

If you can show that you are employed in Queensland, and you had a car accident on the way to work, you may be entitled to a workers' compensation claim including:

• Replaced normal gross wages or weekly benefits (commensurate to your lost wages if injuries sustained)

• Covering of medical and rehabilitation treatment

• Travel expenses covered

• Pharmaceutical expenses covered

• Vocational assistance, and;

• A statutory lump sum payment

You must lodge your workers' compensation claim with WorkCover Queensland no later than six months after the injury sustained or has occurred. If you fail to meet this deadline, you must provide a reasonable excuse for the delay. Having said that, workers compensation insurer WorkCover Queensland is generally quite strict in regard to the six-month limitation period.

What Constitutes a Workers Compensation Journey Claim?

A journey claim comes under quite a wide umbrella. The reason being, a journey claim is not limited to motor vehicle accidents. You may receive an injury while you are walking or riding to work, for instance. Under Queensland law, the journey claim would also be considered.

The workers' compensation legislation also covers any work-related travel you are required to take. That is journeys to other destinations you are expected or required to attend, according to the terms of your employment.

Can the Journey Claim for Workers` Compensation be Denied?

Under certain circumstances, yes. Journey claims may be rejected in the following cases:

• There is a significant delay in receiving the claim workers compensation, without reasonable cause, or;

• A deviation or interruption to your regular journey (i.e. traveling to a restaurant on the way home from work, etc.)

Is There a Possibility of Appealing?

If you should be dissatisfied with the decision, it can possibly go up for appeal. However, this is not always the case. Your prospects of appealing a decision in which a claim is rejected due to journey interruption or deviation, or substantial delay in submitting the application, is left up the WorkCover Queensland.

The likelihood of a successful appeal depends greatly on individual circumstances. These include factors such as the reason, distance, and length of time of the application delay, journey deviation, or interruption.

Can I Make a Common Law Claim?

Under certain circumstances, lodging a Common Law claim may be advised. Have you been injured in a road accident as a direct result of another road user’s negligence? If so, you are also entitled to pursue a common law damages claim compensation against the at-fault driver’s CTP insurer. Common law damages include the following:

• Claim Compensation for pain and suffering (how much compensation?)

• Covering of medical expenses for the injured worker

• Covering of pharmaceutical expenses

• Relevant travel expenses

• Rehabilitation treatment (funded by the CTP insurer upon claims process)

• Losses in past and future income

• Past and future superannuation benefits

• Domestic assistance and care, given by family members and friends

• Paid domestic assistance and care, delivered by service providers

• Covering relevant future medical treatment, and;

• Retaining costs

Is There a Lodgement Date?

Yes, there is. Your common law claim must be submitted to the at-fault driver’s CTP insurer no later than nine months of the date of the accident, or no more than one month of your first consultation with a personal injury lawyer regarding the claim.

What if the Driver Didn’t Have Insurance and we had a car accident on the way to work?

If the motor vehicle accident travelling to work was caused by an unidentified or uninsured driver, you have to lodge a claim against the Nominal Defendant no later than three months or one month following your consultation with a personal injury lawyer.