Can I claim if I’ve had an accident on the way to work?
Have you suffered an injury sustained during an ordinary work break, such as morning tea or lunch, or while traveling for the purpose of work?
If you’ve been injured during a work break or journey, you may be able to make a claim for ‘accident on the way to work workers compensation’. If you’ve been injured in a motor accident on the way to work or if you’ve had a car accident on the way to work, you may also be able to make a claim through your compulsory third party insurance.
FAQs
What is a workers compensation journey claim?
A workers compensation journey claim historically included claims for injuries that occurred on a workers’ journey to work or home from work, or during a journey that took place in the course of their employment.
If you have an accident on the way to work, you may be able to make a workers compensation journey claim. To make a journey compensation claim for an accident on the way to work, there must be a real and substantial connection between your employment and the accident or incident which resulted in the injury.
How do I make a workers compensation journey claim?
You are required to report the injury to your employer. Generally, this must be done in writing to your employer within 30 days of becoming aware of the injury. You will need to notify Workplace Health and Safety Queensland or the Electrical Safety Office, as well as notify WorkCover Queensland or your workers’ compensation insurer.
Generally after an incident, injury or illness, you will see a doctor or multiple physicians who will be able to provide you with your certificate of capacity, which takes the place of a typical medical certificate.
The certificate of capacity is the main document in which your doctor will be able to communicate your condition to your support team within the workplace. You may also need other important information such as your workers’ compensation insurance certificate.
Your compensation claim should be lodged with three months of injury directly with the employer, but this is not a strict deadline as long as the claim is lodged as soon as possible once the injury is identified.
As with all aspects of the Workers Compensation legislation, there are many misconceptions and complexities surrounding journey claims, we recommend you call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation with one of our expert journey compensation lawyers to discuss your position.
What am I able to claim for on a journey compensation claim?
Most commonly, a journey compensation claim will have to do with a motor vehicle accident. Like in all cases, you will need the incident information, and any reports that were taken. As with most injuries, you are required to report the injury to your employer. Generally, this must be done in writing to your employer within 30 days of becoming aware of the injury.
There are many factors that will influence the amount of compensation you receive for your injury sustained from workplace accidents or illnesses, and is completely individual.
However, there are generally four different types of claim or benefits you may be eligible to receive;
- weekly payments,
- reasonable medical and like expenses,
- impairment benefit for permanent injury (also referred to as ‘lump sum compensation’), and
- sue for further compensation (referred to as a ‘common law claim’) – this can include compensation for ‘pain and suffering’ as well as loss of earnings
Call LHD’s accident on the way to work lawyers on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation with one of our expert journey compensation lawyers to discuss your position and the effects these workplace injuries have had.
How long do I have to make a journey compensation claim?
You are required to report the injury to your employer. Generally, this must be done in writing to your employer within 30 days of becoming aware of the injury.
Generally after any accident on the way to work that has resulted in an injury, you will see a doctor or multiple physicians. They will be able to provide you with your certificate of capacity, which takes the place of a typical medical certificate.
The certificate of capacity is the main document in which your doctor will be able to communicate your condition to your support team within the workplace. You may also need other important information such as your workers’ compensation insurance certificate.
Your compensation claim should be lodged with three months of injury directly with the employer, but this is not a strict deadline as long as the claim is lodged as soon as possible once the injury is identified.
Why choose LHD lawyers for a journey compensation claim?
At LHD Lawyers, our experienced team are experts in their fields and have helped thousands of Australians settle their compensation claims and get their lives back. We make it a point to get to know you personally, so we can truly understand your situation and help you to always choose the path that is going to have the most positive outcome.
Our experts will help you every step of the way to ensure you obtain the compensation entitlements you deserve. In the last ten years, LHD has grown from a Sydney law firm with approximately 17 staff, to a firm that now comprises 23 offices across Australia.
Enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time after an accident on your way to work.
Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation.
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