If you have been injured on your way to work or on your way home, you may be curious as to whether or not you’re entitled to make a WorkCover claim or in fact, a Motor Vehicle Accident claim. It can be more complex than you think.
Dan: If you’ve been injured on your way to work in a motor vehicle accident, how do you make a claim for compensation? Is it via a motor vehicle accident claim or is it a worker’s compensation claim? Well, to find out more, I’m with Scott Hall-Johnston, an accredited personal injury law specialist and partner at Beilby Poulden Costello. Scott, what’s the answer?
Scott: Good morning, Dan. Well, there are limited rights still available under the workers’ compensation legislation, but you’re only entitled to workers’ compensation if you’re injured on your way to work if there’s a real and substantial connection to the employment.
Dan: So, what does that mean?
Scott: The real and substantial connection means that your work must have something to do with the fact that you’re travelling to your job. One example might be that if you’re carrying work tools from home to your place of work, then the need to have those tools at the place you’re going to work might provide that connection.
Dan: Is there circumstances where potentially a lawyer might advise a client that it might be better to bring a motor vehicle accident claim as opposed to a worker’s compensation claim because there might be more compensation available? Is that the thinking at times?
Scott: Yeah, it quite often is, Dan, particularly where you’re seriously injured. For those that are seriously injured, the motor accident scheme is significantly better. However, the worker’s compensation legislation will apply for at least the first six months after the accident occurs if there are both sets of rights that are available.
Dan: So, I’m assuming getting legal advice on this quickly is paramount.
Scott: It’s very important to see a lawyer quickly because you need to make sure that you’ve taken steps to protect both sets of rights. You need to understand what the laws are, how they work to your benefit, and what you need to do to make sure that you’re able to pursue your claim if you wish to do so.
Dan: At that first consultation with somebody, Scott, is there information that you’d like a person to bring?
Scott: Dan, we’d like the people to give us enough information so that we can advise them properly. It’s not necessary that any particular document is bought, but any relevant document is useful for that initial consultation so that we can get a proper picture and give the best advice that we can.
Dan: Scott, thanks for joining me.
Scott: Pleasure, Dan. Have a good day.
Thank you for listening. If you have any questions, please call BPC on 02 8280 6900.