Car accidents while working: Why your claim might also be a workers' comp or TPD claim

Workers’ compensation is a complex field and can vary quite a bit from state to state. But one common misconception Australia-wide is that it only covers injuries at the physical workplace, and not when you’re travelling.

If you're injured in a car accident while at work, or in some circumstances even a car accident while travelling for work, you may be entitled to more than one type of compensation. This depends on where the accident happened, why you were driving, and what cover you already have through your super.

We’ll explore the kinds of claims available and when they might generally apply.

The information below is general only and the claims available will depend on the state or territory, the circumstances of the accident, and any policy terms that apply.

A high-level summary of the main types of claims available in Australia after a work-related car accident

If you were travelling for work purposes, there are 3 common areas of claims that might be available:

• Workers’ compensation – This generally applies when you were driving in the course of your job (such as travelling between work locations).

• Compulsory Third Party (CTP) support – Depending on the state or territory, you may have rights under a compulsory third party (CTP) or statutory motor accident scheme if you are injured in a road accident. In most cases, these schemes apply where another vehicle is involved and there is an at-fault party, although different rules can apply if the at-fault vehicle is unidentified or uninsured. Each state and territory operates its own scheme, with different eligibility criteria and processes.

• Total and Permanent Disablement (TPD) claim – If your injuries are serious enough to stop you from working long-term you may also be able to make a TPD claim through your super, depending on your policy terms.

The ‘journey claim’: when a car accident may also become a workers’ compensation claim

If the crash happened while you were driving for work purposes, the injury may have occurred in the course of employment.

Across Australia, this can generally include:

• attending training

• authorised work breaks

• travelling between sites.

Each state varies a little in how it interprets the details (like what defines a ‘worker’, whether journeys to and from work are included, whether breaks are included, etc). Safe Work Australia has the most comprehensive guide on how each state manages these issues, and what would likely be considered covered under workers’ compensation.

Are you covered by workers' compensation to and from work?

This is more complex of a question than you’d expect. Because not only does every state seem to have its own perspective, they each then have their own unique circumstances to the contrary.

One easy thing to factor in is it usually doesn’t matter if you were driving a personal or work vehicle. It’s usually much less about who owned the vehicle, and more about where you were travelling and why.

The list below shows the very high-level summary of how each state would answer the question “are you covered by workers’ compensation to and from work?”:

• Qld - Journey claims are generally covered, subject to exclusions (unless you took a significant detour for personal reasons, you were already within your own home boundary, or it resulted from serious traffic offences like DUI).

• NSW - Journey claims aren’t generally covered (unless there is a real and substantial connection between the employment and accident, such as fatigue from extended hours, or you are an emergency worker, such as a police officer, paramedic, or firefighter).

• Vic - Ordinary journeys to and from work aren’t generally covered.

• SA - You aren’t covered (unless there is a real and substantial connection between the employment and accident, such as fatigue from extended hours or an emergency).

• WA - Ordinary journeys to and from work aren’t generally covered.

• ACT - You are covered.

• NT - You aren’t covered (unless you meet very specific requirements about the travel being requested by your employer, and you taking the shortest convenient route).

• Tas - You aren’t covered (unless you meet very specific requirements about the travel being requested by your employer).

Most states start from a different perspective and then add their own unique exclusions or limitations. With the amount of variation across the country, it can help to work with a lawyer familiar with your state’s worker’s compensation and motor accident schemes.

If I’m in an accident in a company vehicle, who pays?

The answer depends on more than who owned the vehicle. The key questions are:

• Why was the trip taken?

• Did it occur during work hours?

• Which compensation scheme applies?

• Did the accident occur in the course of employment?

In Victoria, the TAC says that, in most cases, a “during the course of work” transport accident is covered by workers' compensation, not the TAC. However, if the WorkCover claim is rejected, the injured person should make a TAC claim.

That means an accident in a company car does not automatically become one simple insurance issue. There can be questions about:

• your insurer

• your employer

• the road accident scheme

• the workers’ compensation insurer

• whether you were driving as a function of your job.

The same can apply if you were driving a company car, using a work car, or travelling in one of your employer’s work vehicles.

Total & Permanent Disability (TPD) within your superannuation

Not every claim falls under a road or workers’ compensation insurer. Some sit inside your super.

MoneySmart says TPD insurance can pay a lump sum if you become totally and permanently disabled because of illness or injury. It also says most super funds offer life, TPD and income protection insurance for members, and that many people have default cover through super without realising it.

This matters after a serious motor vehicle accident. If your injuries, including psychological injuries, mean you are unlikely to return to work, your workers’ compensation or road accident claim may not be the only path available. A TPD claim may sit alongside those claims and may provide a lump sum benefit (depending on policy terms).

TPD is not automatic, and every policy is different. Insurers use different definitions of total and permanent disability, including “own occupation” and “any occupation”, so the wording of the policy matters.

Cover on inactive super accounts can be cancelled after 16 months without contributions, which is another reason to check your super early.

The risk of ‘double dipping’ and why timing your motor vehicle accident claim matters

Different compensation schemes may affect each other. In some situations, there are restrictions, offsets or adjustments to prevent double recovery for the same loss.

As WorkSafe Victoria phrases it: “compensation is not payable to the extent compensation has already been received for the same injury under another law.”

This is important if you’re receiving weekly payments, claiming treatment and income support through a statutory scheme, and also considering common law damages or a TPD payout. The order of decisions, the evidence you gather, and the wording of any settlement can all affect the final outcome.

How Shine Lawyers can assist with overlapping claims

Overlapping claims are where national experience matters most.

Shine has dedicated practice areas for workers’ compensation, motor vehicle accidents, and superannuation and disability insurance. That means if you were injured in a car accident while driving a work vehicle, had a car accident at work, or are trying to work out whether a workers' compensation pathway sits alongside a TAC, CTP or TPD claim, we can assess the entire scope of your matter.

The goal is to understand which rights may apply, preserve the evidence early and avoid mistakes that may affect other entitlements.

If you have been injured in a crash while working, you may have rights under a motor accident scheme, workers’ compensation or a TPD policy through super. Contact Shine Lawyers for advice on your options and next steps for your situation.