You’ve been injured in a car accident at work … Who do you claim with? 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 that govern workers compensation entitlements are very different to the laws that govern the benefits available under the CTP insurance scheme; with varying time limits 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 and not 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.
And if you have any questions or concerns, contact our office for advice!
About the Author
Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She is also a National Accreditor Mediator and has a Graduate Diploma in Family Dispute Resolution. She specialises in all personal injury and family law disputes, locally and across New South Wales.