Ask a Personal Injury Lawyer: Can You Claim Workers’ Comp for a Car Accident Injury on the Way To or From Work in Your Own Car?

Picture of Tina Veivers

Tina Veivers

DIRECTOR / LAWYER QUEENSLAND LAW SOCIETY ACCREDITED SPECIALIST

Tina is the director of the firm and a lawyer who has 20 years of experience running and managing compensation claims for Plaintiffs. In contrast to the industry standard of larger compensation firms, Tina is a strong believer in ensuring that plaintiffs receive the vast majority of any settlement payout they do receive and will often reduce fees to ensure this occurs. In her spare time, Tina enjoys going to the beach and enjoying time with her family.

Welcome to another installment of our “Ask a Personal Injury Lawyer” series – where we answer the questions about personal injury law that our clients have.

In this piece, we’re exploring whether you can claim workers compensation for a car accident injury on the way to or from work in your own car.

Understanding your legal rights in such situations is crucial for ensuring you receive the compensation you deserve.

Here’s what you need to know.

Understanding Workers’ Compensation

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured during employment. This coverage typically includes various types of injuries, including those sustained in a motor vehicle accident while performing work-related tasks.

Car Accidents on the Way To or From Work

In Queensland, car accidents that occur while commuting to or from work can sometimes be covered under workers’ compensation, especially if the trip is considered work-related.

This includes accidents in both your personal vehicle and/or company vehicle. However, it’s essential to differentiate between a regular commute and situations where the commute involves work-related tasks, such as running an errand for your employer.

Conditions for Claiming Workers’ Compensation

To claim workers’ compensation for a car accident injury sustained during your commute, certain conditions must be met:

  • The motor vehicle accident must occur during your direct route to or from work.
  • The journey must be reasonably necessary for your employment.
  • Any detours or deviations from your route must be work-related.

Examples of qualifying scenarios include running a work-related errand or attending an off-site meeting during your commute.

Exclusions and Limitations

There are exclusions and limitations to these claims. Claims may be denied if:

  • The accident occurred during a personal errand or significant deviation from your route.
  • You were engaging in activities not related to work during the commute.

Understanding these limitations can help manage your expectations and guide you through the claims process effectively.

Steps to Take After a Commuting Accident

If you’re involved in a car accident on the way to or from work, follow these steps:

1. Document the Accident: Collect evidence, take photos, and note any details about the incident.

2. Seek Medical Attention: Ensure you receive the necessary medical care for any injuries sustained.

3. Notify Your Employer: Report the accident to your employer as soon as possible.

4. File a Workers’ Compensation Claim: Submit your claim with all required documentation to your employer or their workers’ compensation insurer.

How South East Injury Lawyers Can Help

At South East Injury Lawyers, we specialise in handling workers’ compensation claims and personal injury matters, including those involving motor vehicle accidents.

Our experienced legal team provides expert legal advice and representation to ensure your claim is processed smoothly and you receive the compensation you deserve. We understand the complexities of these cases and are committed to helping you navigate the legal process with ease.

Understanding whether you can claim workers’ compensation for a car accident injury sustained during your commute is crucial for ensuring you receive the support you need. If you have any questions or need assistance with your claim, contact South East Injury Lawyers. Our team is here to help you achieve the best possible outcome and ensure you receive the maximum compensation for your injuries.

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with expert advice from a leading compensation lawyer today.

If you’ve been hurt, you need to act fast. Get started immediately with expert advice from a leading compensation lawyer today.

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