"Hey boss, I think I'm going to be late": What to do if you have an accident on the way to work
Keys? Check. Phone? Check. Medium latte on oat milk? Check. Look out world, it’s off to work we go.
Your daily commute takes you alongside the Brisbane River when suddenly the screeching of brakes jolts you out of your morning daydream. You glance in the rear-vision mirror just in time to see the front-end of a 60 Blue CityGlider fast approaching – BANG! Your oat milk latte, once a symbol of caffeinated bliss, is now a tragic casualty of the chaos.
Accidents can happen at any time and often when it is least convenient. But even in the face of unexpected detours, there is always a path forward. You have options when it comes to dealing with an accident on the way to work. In this blog post, we will guide you through the necessary steps to take and help you understand your rights in such a situation.
Can I claim compensation if I'm injured on my way to work?
Whether you are driving, cycling, travelling on public transport, or even walking, if you are injured:
- travelling between home and work;
- on your way to or from work-related training;
- while travelling for work-related reasons (even interstate or internationally);
then you may be entitled to compensation. These types of claims are known as Journey Claims.
Am I able to make a journey claim?
If you are an employee and you are injured in the circumstances above, even if the accident is your fault, you are entitled to make a WorkCover claim. You should let your employer know what has happened as soon as you can, and you will need to provide them with a work capacity certificate once you have received one from your doctor.
There are several ways to make a WorkCover Claim:
- You can complete and submit an online claim;
- You can phone 1300 362 128 and talk to a member of the WorkCover team;
- You can complete a claim form and either upload using WorkCover’s online service, fax it to 1300 651 387 or post it to GPO Box 2459, Brisbane QLD 4001
If you go to hospital, the hospital will automatically send your work capacity certificate to WorkCover and they will get in touch with you about making a claim.
If you are injured and someone else is at fault, then you may also be eligible to make a second type of claim – either a CTP or Motor Vehicle Accident Claim, or a public liability claim (also known as a PIPA claim).
How much time do I have to make a claim?
No matter what type of claim you are looking to make, there are strict time limits involved. To give your claim the best chances of success, you should ensure that you start your claim on time.
Although there are some exceptions, generally you have 6 months from the date of your injury to make a WorkCover claim.
If you are eligible to make a Motor Vehicle Accident claim or a PIPA claim, you have 1 month from when you first consulted or instructed a lawyer about making a claim or 9 months from the date of your accident (whichever is the earliest) to lodge the appropriate claim form.
What compensation can I seek?
If your claim is successful, you will usually be entitled to be compensated for any wage or income loss associated with your injuries, any medical treatment that you have been or will be required to pay for and, depending on what claim you are able to make, compensation for the pain and suffering that you have been through and that you will continue to experience as a result of your injury and potentially an amount for any domestic assistance that you receive as a result of your injuries.
TPIL Lawyers – Queenslanders Helping Queenslanders through Difficult Times
TPIL Lawyers can offer you a free case appraisal and help with explaining what to do and what you can expect as part of your claims process. Our dedicated team of personal injury lawyers are well-versed in advocating for our client’s rights and fighting for the compensation they deserve. Please contact us on 1800 958 498 or help@tpil.com.au for a no-obligation and confidential discussion about your claim.
