A great deal of work happens behind the wheel. Couriers, tradespeople, sales reps, carers, truck drivers and countless others spend part of their day on the road, and when an accident happens during work, it is both a motor accident and a workplace injury at the same time. That raises a question many injured workers never think to ask. If my car accident happened at work, can I claim under both the CTP scheme and workers compensation?
In many cases, the answer is yes. These are two separate schemes with different rules and different benefits, and where an accident falls within both, you may be able to claim under each. Doing so correctly can make a real difference to what you receive, provided you understand the one firm rule that governs how they fit together.
This guide explains when you can claim both, what each scheme offers, how the law prevents you being paid twice, and what to do if you were injured in a work related motor accident. Please treat it as general information rather than advice about your own claim, and you should seek legal advice about your particular situation before making decisions about it.
Can you claim both CTP and workers compensation?
Yes, where a motor accident is also a work injury, you can generally lodge both a CTP claim and a workers compensation claim, and it is usually sensible to do so. The two schemes run under different laws, the CTP scheme under the Motor Accident Injuries Act 2017 (NSW) and workers compensation under the Workers Compensation Act 1987 (NSW) and related legislation, and each can provide benefits the other does not.
When does this apply?
The key question is whether your motor accident was also a work injury, and that depends on what you were doing at the time.
If you were injured while actually performing your work duties, for example driving between job sites, making deliveries, attending an off site meeting, or running a work errand, your accident is generally a work injury as well as a motor accident, and both schemes are likely to be available.
Commuting to or from work is more complicated. Most journey claims were removed from the NSW workers compensation scheme in 2012. Today, an injury on the trip to or from work is generally only covered by workers compensation if there was a real and substantial connection between your employment and the accident. So an ordinary commute crash will usually be a CTP claim but not a workers compensation claim, unless that connection exists. This is a common point of confusion, and it is one worth getting advice on rather than assuming either way.
If the accident had nothing to do with work, it is simply a CTP claim, and workers compensation does not come into it.
What to do if you were injured in a work related motor accident
The steps below help protect your entitlements under both schemes.
- Get medical attention promptly, and make sure your injuries are recorded and linked to the accident.
- Report the accident to your employer, so it goes into the workplace incident records, and to police, so you have an event number for the CTP claim.
- Lodge your CTP claim within 28 days for backdated income support, and within three months at the latest.
- Lodge your workers compensation claim with your employer’s insurer, generally within six months.
- Keep records of your treatment, your expenses and your time off work.
- Get legal advice early, so the two claims are coordinated from the start and the best damages avenue is identified.
How Stephen Young Lawyers can help
Running a CTP claim and a workers compensation claim together is precisely the kind of situation where coordination matters, and where going it alone risks either missing an entitlement or getting tangled in the interaction between the schemes. The two sets of rules, deadlines and benefits have to be managed as one strategy rather than two separate claims.
An experienced personal injury lawyer makes sure both claims are lodged correctly and on time, coordinates them so you draw on the most beneficial parts of each, advises on whether a work injury damages or a CTP damages claim is the better path where your injuries are serious, and manages the recovery and coordination rules so they work smoothly in the background.
Because a work related motor accident can also give rise to other entitlements, we can advise on the full picture. Alongside your motor vehicle accident claim and your workers compensation claim, you may have a work injury damages claim, and if your injury permanently affects your ability to work, a Total and Permanent Disability claim through your superannuation as well. For more on the CTP side, see our guides on how to make a CTP claim in NSW and on statutory benefits versus common law damages. As an Accredited Specialist personal injury firm based in Sydney CBD, with a multilingual team and a No Win No Fee approach for eligible matters, we can review your situation and tell you where you stand.
No lawyer can promise you a particular outcome, and every claim turns on its own facts. What can be said is that a work related motor accident often gives rise to more than one claim, and that understanding how they fit together is the key to receiving everything you are entitled to.
Speak with an experienced lawyer today
If you have been injured in a motor accident while working anywhere in New South Wales, you may have more than one claim, and the deadlines for each are tight. It is worth understanding your full entitlements before either scheme’s deadline passes.
Contact Stephen Young Lawyers today for a free, no obligation consultation. Call us or get in touch through our website to speak with an experienced personal injury lawyer about your accident and your options.