Car Accident at Work: Workers Comp or CTP?

If you’ve been injured in a car accident at your place of work, the question often arises: to whom do you make a claim? The workers’ compensation insurer or the CTP insurer of the vehicle you believe is most at fault?

The short answer is both.

Your workers compensation claim will take precedence, and the workers compensation insurer will be responsible for the management of your recovery, including your entitlement to weekly wage benefits, as well as medical and related services.

Once the circumstances of your accident have been investigated and it is determined that your injury was caused wholly or in part by the negligence of a person other than your employer (i.e. the driver of the vehicle mostly at fault in your accident), the workers’ compensation insurer may recover compensation payments paid to you directly from the CTP insurer.

So what’s the benefit to you?

In NSW, the laws governing workers’ compensation entitlements are very different from those governing the benefits available under the CTP insurance scheme, with varying limits of time on your entitlement to benefits under each scheme.

Depending on your personal circumstances, there may be instances where it is more beneficial for you to claim under the CTP insurance scheme rather than with the workers’ compensation insurer.

So, if you are injured at work in a motor vehicle accident, be sure to submit a claim with both the workers’ compensation insurer and the CTP insurer as soon as possible. If you have any questions or concerns, contact the Burke Mead team today.