Road accident on the way to work? You may have two claims

You could be travelling to work from home, a worksite, attending a client meeting or travelling between jobs when you’re injured in a road accident caused by another driver. In an instant, life can become a whirlwind of medical appointments, paperwork, time off work and uncertainty about what comes next.

What many Queensland workers don't realise is that if they're injured in a road accident while travelling for work, they may have access to more than one form of compensation.

If the accident happened while you were working or travelling for work, you may be eligible for workers' compensation. And if another driver was responsible for the crash, you may also be entitled to make a CTP claim against the at-fault driver's insurer.

Understanding how these systems work, and whether both may apply to your circumstances, can help you access the support you need while you recover.

Workers' compensation and road accidents

Statutory workers' compensation is designed to support people who are injured in the course of their employment. Unlike a CTP claim, a statutory workers’ compensation claim is a no-fault system, meaning you don't need to prove that someone else caused the accident to receive statutory benefits.

A workers' compensation claim may be available if you were injured while:

• travelling directly between home and work
• travelling between work locations
• travelling during an approved work break
• attending a work-related meeting, conference or training course
• travelling to approved medical treatment related to an existing workers' compensation claim
• travelling between jobs with different employers

Depending on your circumstances, workers' compensation may help cover:

• weekly payments if you're unable to work
• medical and hospital expenses
• rehabilitation and treatment costs
• travel associated with treatment and recovery

Not every journey is covered, however. Significant personal detours, major delays unrelated to work or certain unlawful conduct can affect eligibility. Every situation is different and should be assessed on its own facts.

For many people, workers' compensation provides valuable support in the weeks and months immediately after an injury, helping cover treatment costs and providing income support while they're unable to work.

What is a CTP claim?

Every registered vehicle in Queensland must have Compulsory Third Party (CTP) insurance. Even when a vehicle is unregistered or unidentified, for example in a hit and run accident, a statutory body called the Nominal Defendant will step in and cover the claim. This scheme provides compensation to people injured in road accidents caused by another driver's negligence.

Unlike workers' compensation, a CTP claim is fault-based. In most cases, you'll need to show that another driver was wholly or partly responsible for causing the accident.

A CTP claim may be available to:

• drivers
• passengers
• motorcyclists
• cyclists
• pedestrians
• people who suffer a psychological injury after being involved, or witnessing, a traumatic road accident.

Importantly, a CTP claim can provide compensation for losses that a statutory workers' compensation claim may not cover.

Depending on the circumstances, this may include:

• pain and suffering
• past and future loss of income
• future loss of earning capacity
• medical and rehabilitation expenses
• care and assistance needs

Many people are surprised to learn that workers' compensation isn't always their only avenue for support after a work-related road accident.

Can you make both a workers' compensation claim and a CTP claim?

In some circumstances, yes.

Imagine you're driving between worksites when another driver fails to give way and crashes into your vehicle.

Because the accident happened during work-related travel, you may be entitled to workers' compensation benefits. Because another driver caused the collision, you may also have a CTP claim against their insurer.

The two systems serve different purposes.

Workers' compensation can help provide early access to treatment, rehabilitation and most importantly up-front income support while you're recovering. A CTP claim may provide compensation for the broader impact the injuries have on your health, finances and future but will only be payable on the resolution of your CTP claim (either through a settlement or court order).

This is one of the reasons it's important to understand your options early. Many injured workers don't realise they may have rights under both schemes arising from the same accident. Getting legal advice early means you can maximise your entitlement to compensation up front while you focus on your treatment and recovery.

Why the early steps matter

The days and weeks following a road accident can have a significant impact on both your recovery and your claim.

Medical records created shortly after an accident often become important evidence. The same applies to accident reports, witness details, photographs, treatment records and evidence of any time off work.

While gathering information may not be front of mind after a traumatic event, these records can play an important role in establishing how the accident happened, the injuries you suffered and how those injuries have affected your daily life and ability to work. 

Taking the right steps early can help put you in the best position moving forward.

When should you seek legal advice?

If you've been injured in a road accident while travelling for work, it can be difficult to know where to start. You may be focused on medical appointments, managing time off work and getting your life back on track.

Our team is here to listen, explain your options and support you every step of the way. Contact us today for a confidential, no-obligation consultation.