If you have been injured in a car accident during work hours, or you are in a car accident on your way to or from work, you may be entitled to receive compensation. This is the case even if you caused the accident.
In Queensland, a compulsory third party insurance scheme exists which ensures that anyone injured in a car accident caused by someone else can receive compensation for their injuries. When an at-fault vehicle does not hold mandatory CTP Insurance, a government entity called the Nominal Defendant manages these claims as the CTP Insurer. During the initial phase of a claim, the CTP Insurer of the at-fault vehicle is, in most circumstances, obligated to fund the cost of rehabilitation services, such as physiotherapy, counselling, surgery, etc.
When a car accident occurs during an injured person’s work hours, or whilst the injured person is travelling to or from their place of employment (known as a ‘journey claim’), the injured person also has an entitlement to make a claim for workers’ compensation. In addition to rehabilitation expenses, the workers’ compensation insurer is obligated to pay benefits for an injured person’s time off work (for the initial period of the claim, usually calculated at 85% of the injured person’s normal weekly earnings). This type of claim against the workers’ compensation insurer is known as a ‘statutory claim’ and is different to a ‘common law claim’ referred to below.
Can I claim compensation if the car accident was my fault?
If the car accident was your own fault, then you will still be able to make a claim for workers’ compensation benefits. You will not, however, be entitled to make a claim against the CTP Insurer, unless your own CTP Insurer offers at fault driver protection insurance.
If you have suffered serious injuries, like a brain injury, spinal cord injury or multiple amputations, then you may also be entitled to make a claim under the National Injury Insurance Scheme (NIISQ), even if the accident was your fault.
Who pays the lump sum compensation in a claim for a car accident during work hours?
If the accident and injuries occurred as a result of someone else’s negligence, the CTP Insurer of that vehicle will be liable to pay ‘damages’ to the injured person. ‘Damages’ is the sum of money that is made up of various components an injured person can claim for in a compensation claim, and usually includes pain and suffering (known as general damages), economic loss, medical expenses, care and assistance and interest.
If a person other than, or in addition to the at fault vehicle, has caused or contributed to the accident or injuries, then that other person’s insurer (usually WorkCover) may also be liable to pay an injured person’s damages. There are many different circumstances where this might arise. Some situations include driver fatigue suffered as a result of excessive working hours; a medical specialist failing to advise someone not to drive whilst suffering from a medical condition; and many other circumstances. If an injured worker can make a claim against a workers’ compensation insurer in relation to a motor vehicle accident, this is known as a ‘common law claim’.
If the accident was your fault, then you will still be entitled to receive a lump sum from the workers’ compensation insurer for any permanent impairment you sustain.
Do I need a lawyer if I have been injured in a car accident during work?
Navigating both a CTP insurance claim and a workers’ compensation claim can be complex. In most circumstances, an injured person is obligated to repay the workers’ compensation insurer the full amount of all benefits they received during the course of their statutory claim. If the injured person hasn’t claimed this amount, known as a ‘refund’, from the CTP Insurer before resolving their claim, then the injured person is at risk of receiving significantly reduced compensation from the CTP Insurer. There are also circumstances where an injured person can seek to claim a higher amount from the CTP Insurer for their injuries if their employment was a ‘significant contributing factor to the injury’.
Insurers will naturally try and limit what they have to pay to an injured person and an experienced personal injury lawyer will, in most cases, be able to ensure that the injured person receives a lot more compensation from the insurer than they would if they tried to negotiate the claim themselves. It is also important to note that, in many circumstances, an injured person can claim a large portion of their legal costs from the CTP Insurer of the at-fault vehicle, often up to one-half or more of their total legal costs.
