There are different compensation schemes in Queensland depending on whether an injury occurred due to a workplace accident or as a result of a motor vehicle accident. Sometimes, a worker may be injured in a road accident while travelling to or from work. This poses the question: "Is it a workers' compensation claim or a motor vehicle accident (CTP) claim, or both?" In this blog, we explore what are commonly termed journey claims and what compensation is available to the injured worker.
Eligibility for workers' compensation and motor vehicle accident compensation
In Queensland, the statutory compensation schemes for workers' compensation and motor vehicle accident CTP compensation operate very differently.
If you are injured in the course of your employment, you may be entitled to receive workers' compensation. Workers' compensation in Queensland operates as a no-fault scheme, meaning that an injured worker is entitled to compensation regardless of who caused the workplace accident.
To be entitled to compensation for a motor vehicle accident, however, it must be shown that the accident was caused by the negligence of another driver or party. If you are injured in a motor vehicle accident in Queensland where the other driver is at fault, you will be entitled to bring a compensation claim against the at-fault driver's Compulsory Third Party (CTP) insurer.
If the at-fault driver's insurer cannot be identified, you may be entitled to bring a claim for compensation against the governmental body known as the Nominal Defendant under the Motor Accident Insurance Act 1994 (Qld).
Worker's compensation journey claims and motor vehicle accident compensation claims
If you have been injured in a motor vehicle accident while travelling to or from your workplace, you may be entitled to claim compensation from WorkCover Queensland or the relevant self-insurer in what is known as a journey claim.
Furthermore, if the other driver or party was at-fault for the accident on your way to or from your workplace, you may also be entitled to claim compensation under the motor vehicle accident CTP scheme, in addition to your worker's compensation entitlements.
What is a workers' compensation journey claim?
A journey claim extends the traditional definition of "in the course of employment" to provide compensation for injuries which occurred during work-related travel, including travel between the worker's home and place of employment outside of work hours.
The Act provides that, if you are a worker, you may be entitled to make a journey claim if you have been injured in a motor vehicle accident while:
- travelling from your home to your place of employment;
- travelling from your place of employment to your home;
- travelling from your home or place of employment to a trade, technical or training school (which your employer expects you to attend);
- travelling for work-related reasons, for example, for a work conference or meeting; and/or
- travelling to and from medical treatments or rehabilitation which is part of an existing workers' compensation claim.
Compensation entitlements for a workers' compensation journey claim
If your workers' compensation journey claim is accepted, you may be entitled to compensation for:
- Weekly payments for loss of wages;
- medical and rehabilitation expenses;
- reimbursement of travel expenses related to medical treatment associated with the accident;
- lump sum compensation for permanent impairment; and
- paid care or assistance required in your recovery.
Common reasons for a rejected workers' compensation journey claim
While journey claims provide compensation for a wide variety of work-related journeys, there are important limitations to be aware of.
A journey claim will often be rejected if there has been a substantial delay or deviation from the worker's usual journey. For example, if you visited the shops on your way home from work, this could be considered a substantial deviation from your regular journey, and therefore a journey claim would most likely not be accepted.
A journey claim will also often be rejected where the worker broke a law while driving. For example, if dangerously operating the vehicle was a significant contributing factor to the accident occurring, a journey claim will most likely be rejected.
If you are ineligible to make a journey claim with WorkCover Queensland or the self-insurer but were injured in a motor vehicle accident where the other driver was at fault, you are still entitled to compensation under the Motor Accident Insurance Act 1994 (Qld). If this is the case, one of our experienced personal compensation lawyers can assist you with navigating the process of motor vehicle accident claims.
Time limits for workers' compensation claims in Queensland
It is important to be aware of the strict time limits for lodging a claim for workers' compensation claim, as a failure to comply with these timeframes could result in the loss of your right to claim.
If you intend to lodge a journey claim with WorkCover Queensland or a self-insurer, you will generally have 6 months from the date of injury to apply.
A failure to comply with these timeframes may result in the loss of your right to claim compensation, so it is important to seek legal advice as soon as possible to ensure that your entitlements to compensation are protected.
Compensation entitlements for a motor vehicle accident CTP claim
If your motor vehicle accident CTP claim is successful, you may be entitled to compensation for:
- pain, suffering and loss of life enjoyment;
- past and future loss of earnings and superannuation contributions;
- past and future hospital and medical expenses;
- rehabilitation expenses;
- out-of-pocket expenses, including medications, travel and equipment; and
- care provided to you, either by family and friends or by professional services.
Time limits for motor vehicle accident CTP claims in Queensland
As with workers' compensation journey claims, a failure to comply with the time limits on lodging a notice of claim for compensation under the Motor Accident Insurance Act 1994 (Qld) could result in the loss of your right to claim for compensation.
In Queensland, you must lodge a notice of claim against the 'at fault' party's CTP insurer within 9 months of the motor vehicle accident or, if your symptoms of injury were not immediately apparent from the first appearance of symptoms. If you have consulted a lawyer regarding the motor vehicle accident, the claim must be lodged within 1 month of this consultation.
If your claim is to be brought against the Nominal Defendant, you generally have 3 months from the date of the motor vehicle accident to lodge your claim for compensation.
If a notice of a claim is not given within the time limit, the obligation to give the notice continues, and a reasonable excuse for the delay must be given in the notice or by separate notice to the CTP insurer. But, if a motor vehicle cannot be identified and the notice is not given to the Nominal Defendant within 9 months after the motor vehicle accident, the claim against the Nominal Defendant is barred.
For all other claims (that is, where the at-fault vehicle can be identified) the claim must be commenced within 3 years from the date on which the cause of action arose.
Time limits are extremely complex. It is important to seek legal advice as soon as possible to ensure that your entitlements to compensation are protected.
Get help from a workers' compensation/personal compensation lawyer
At Hall Payne Lawyers, we understand that suffering a personal injury can be extremely stressful and claiming workers' compensation or motor vehicle accident compensation can be a complicated process.
If you are unsure whether you have a journey claim or you have been injured in a workplace accident or a motor vehicle accident, one of our experienced personal compensation lawyers can help to ensure you receive the compensation you are entitled to.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.