You may be injured in a road accident while travelling to or from work, or at work in the course of your employment. A work-related transport accident can have major consequences for your physical health, your livelihood and your future.
Typically, if you are injured in a motor vehicle accident, the transport accident scheme (TAC) applies. However, if the accident happens at work, the workers’ compensation scheme (WorkCover) will usually apply. There can also be a crossover between these two schemes. These ‘crossover claims’ are uniquely challenging, making it difficult to know who pays entitlements for your injuries.
Exactly which scheme applies depends on the precise circumstances of the accident.
Many firms only have lawyers that do either worker’s compensation claims, or transport accident claims.
All Arnold Dallas McPherson Injury Lawyers (ADM) have in-depth knowledge of both workers’ compensation claims and transport accident claims in Victoria. We can help you claim entitlements correctly under one, or in some instances, both schemes to ensure you get the full compensation you deserve.
Call ADM at 1800 242 588 if you have been injured in a work-related transport accident. We serve clients throughout Victoria from more than a dozen offices, including our principal locations in Bendigo and Melbourne.
What Are My Legal Options for a Work-Related Transport Accident?
Work-related transport accidents claims naturally overlap two different schemes.
WorkCover
The workers’ compensation scheme in Victoria is called WorkCover. If you are injured in the course of your employment, WorkCover provides weekly payments while you are unable to work, in addition to paying for necessary medical treatment.
You may also qualify for an impairment benefit if a work injury leaves you permanently impaired. Finally, if you suffer a serious injury due to an employer’s negligence, you may have a claim for WorkCover common law damages.
Transport Accident Commission (TAC)
The TAC scheme covers people who are injured arising out of the driving of a motor vehicle in Victoria, or interstate in a Victorian registered vehicle.
Victims of transport accidents in Victoria turn to the TAC for coverage of medical and like expenses and income support. The TAC also offers services to help you return to work.
Additional compensation may be available if you sustain a permanent injury. This may include TAC common law damages (if you were seriously injured and the accident was someone else’s fault) and an impairment benefit (if the injury causes permanent impairment of more than 10%).
WorkCover and the TAC generally cover different incidents. However, a significant number of Aussies drive as part of their jobs. Others regularly come into contact with motor vehicles through their work. It is natural for injured workers not to know where to turn when these two schemes overlap in a single incident.
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Who Pays If I’m Injured While Travelling to or from Work?
Accidents that occur during the course of a commute are known as ‘journey transport accidents’. They may occur as you travel from your home to go to work or to return home from work.
If you are injured by a motor vehicle on your way to work or going home — whether you were driving, riding in someone else’s vehicle, walking, cycling or taking public transport — your claim is generally through the TAC and not WorkCover.
Journey transport accidents are generally not considered to have occurred in the course of employment, so WorkCover usually would not apply. In these circumstances, a claim could be made to the TAC. The TAC covers injuries you suffer due to the operation of a motor vehicle. These include:
- Car accidents involving one or more vehicles
- Injuries sustained on public transport
- Motor vehicle accidents with pedestrians
- Collisions between a motor vehicle and a cyclist
The line between your commute to/from work and work-related travel can become blurred. It can be difficult to work out exactly which scheme should apply. If you are injured in a work-related motor vehicle accident, it is in your best interests to seek legal guidance for your unique situation. This should be done as soon as possible, so as to not delay your claim unnecessarily.
Who Pays If I’m Injured in a Work-Related Road Accident?
If you are injured in a work-related transport accident while driving for your job or performing work-related tasks, your claim is most likely initially through WorkCover. The key consideration is whether the accident occurred out of or in the course of employment.
Examples may include:
- Driving for work (Eg. injuries sustained by truck drivers, bus drivers, taxi drivers, bicycle couriers, food delivery riders and others)
- Travelling between work sites (Eg. an electrician going from one customer’s house to another or a construction worker moving between job sites)
- Working on roadways or infrastructure that bring you into contact with motor vehicles (Eg. road workers, traffic controllers and lineworkers)
- A motor vehicle accident whilst picking up equipment or supplies at your employer’s request
- A motor vehicle accident whilst attending trade school or training sessions at the direction of your employer
- Loading or unloading vehicles (Eg. truck drivers, warehouse workers, forklift operators and others)
- An accident whilst seeking medical treatment for a workplace injury
- An accident whilst attending a medical examination required under the WorkCover process
- An accident whilst out and about during lunch breaks and other authorised work recesses
Injuries suffered arising out of the driving of a motor vehicle in these situations generally qualify as a WorkCover matter. As such, WorkCover will compensate you in accordance with law for your medical treatment and loss of earnings.
If WorkCover rejects your claim, you may still apply to the TAC. You should not have a problem securing benefits from the TAC if the accident occurred in Victoria or involved a motor vehicle registered in Victoria.
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Peter R.
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Why Cross-Over Claims Matter
The compensation you can recover for a work-related transport accident can vary between compensation schemes. WorkCover or the TAC may not cover the entirety of your losses, so it is important to know the full extent of entitlements that may be available.
One of the most important areas of overlap in cross-over claims is when claiming for fault-based common law compensation, also known as damages, for your economic loss and your pain and suffering.
Despite WorkCover being applicable at the start of your claim, if you are seriously injured in a work-related transport accident through someone else’s fault, you must initially apply to the TAC for a serious injury certificate to progress your claim for common law compensation.
It can be very simple from that point in obtaining damages if the TAC’s insured is at fault for your injuries, such as being hit by a drunk driver. However, there are circumstances where the TAC does not cover the accident, and this can be extremely complex, such as being hit by an unregistered forklift on private property. Multiple defendants and their insurers can sometimes be involved. Legal advice is therefore critical in any motor vehicle accident in the course of employment.
Contact ADM Today for Help After a Work-Related Transport Accident
WorkCover and road accident claims can be difficult enough on their own. Any claim involving multiple insurers is even more complicated, especially if you suffered serious injuries through no fault of your own.
ADM has extensive experience representing clients in TAC and WorkCover matters. Our work transport accident lawyers also have an in-depth understanding of how these schemes intersect, which is critical for maximising your entitlements and common law damages.
Get access to legal experts who listen and care about your situation. Call ADM at 1800 242 588 today for a FREE consultation in Melbourne, Bendigo or elsewhere in Victoria.
