If you have been injured in a motor vehicle accident through no fault of your own, you are likely to be entitled to pursue a claim against the at-fault party for compensation or damages.
In this instance, a claim for compensation would be pursued against the at-fault party via their Compulsory Third Party insurer, or more commonly known as CTP insurer.
However, it is important to consider whether the accident occurred on the way to or from work, or during the course of your employment. If so, you may also be entitled to lodge a workers’ compensation claim with your employer’s workers’ compensation insurer who in most cases is WorkCover Queensland. For the purpose of this article, we will be focusing on claims with WorkCover Queensland.
Motor vehicle accidents which occur on your way to or from work are often referred to as ‘journey claims’. However, the accident does not need to only occur on your way to or from work. It also applies to motor vehicle accidents which occur in other circumstances during the course of your employment, such as travelling to a work conference.
It is also important to note that if the accident occurs on your way to or from work, there must not be a substantial delay, interruption or deviation from your journey. If there is, you may not be entitled to lodge a workers’ compensation claim. If you have been injured in a motor vehicle accident when travelling to or from work, it is recommended to speak with a personal injury lawyer as soon as possible to discuss your entitlements.
You may be wondering what difference it makes to lodge either a CTP claim or a workers’ compensation claim if you have been injured in a motor vehicle accident, or can I lodge both? The answer is that you are able to lodge both claims (assuming you are eligible to do so) and it is typically best to do so.
Before going any further, it is important to consider how the two claims interact with one another. In this regard, it can be helpful to think of the CTP claim as the primary claim and the workers’ compensation claim as the secondary claim. All of your loss and damage will ultimately be claimed against the CTP insurer because they represent the at-fault party. This means that any compensation that you receive from the workers’ compensation insurer will be refunded to them by the CTP insurer. This does not mean that you would receive less compensation from the CTP insurer because the total value of the refund would be included in the value of the CTP claim.
In that case, why would you bother lodging both claims rather than simply lodging the CTP claim? Well, the main reason why you would consider lodging both claims if you were able to do so is because the two claims allow claimants to access different types of compensation. In this article, we will be focusing on the benefits of the workers’ compensation journey claims with respect to accessing compensation.
The main difference is that a successful workers’ compensation claim will allow you to access immediate compensation for lost wages if you are unable to work because of your injuries.
On the other hand, a claimant generally receives their compensation from a CTP claim in a lump sum payment, either by way of a settlement or a judgment. The exception to this is in relation to medical and rehabilitation costs which may be funded throughout the claim, however, the costs must be considered by the CTP insurer to be reasonable and appropriate.
If you are unable to work because of your injuries, the weekly benefits that a workers’ compensation claim offers can be extremely helpful and alleviates a lot of financial stress on claimants.
If you have been injured in a motor vehicle accident on your way to or from work, it is important to consult an experienced personal injury lawyer who is able to help you navigate the complexities of motor vehicle accident claims and to ensure that you maximise the compensation that is available to you.
If you would like to contact vbr Lawyers for a truly obligation free and cost free initial consultation, we would be delighted to assist you if possible.
