Can you claim compensation for a motor vehicle accident if it happened at work?
Posted by Separovic Injury Lawyers
- 09.16.2020, 01:09 AM
If you are involved in a road accident at work, what type of compensation claim do you make?
As straight forward as this question might seem, the answer is much more complicated. Many of us would assume that the employer would be obligated to provide support given the accident occurred during work hours, and a standard workers compensation claim would suffice. However, there are multiple legal caveats that may change how you claim including the employer/employee relationship, the contract of employment or details of the accident such as which party was responsible for the crash. This gives 3 different options for making a claim, you could:
• Make a workers' compensation claim;
• Make a road accident compensation claim against the opposing driver if they caused the crash due to negligence. This would involve the Insurance Commission of WA.
• Make both claims at the same time?
In order to make sure that in these situations you are claiming all the compensation you are entitled to, discussion with a specialist personal injury lawyer is advised. They will be able to guide your decision and work through all arising legal factors.
Separovic Injury Lawyers is one such law firm specialising in personal injury sustained at work on the road.
Separovic Injury Lawyers recommends making both claims at the same time for the best results.
In order to fully protect a client’s compensation payout, it is often advised by Separovic Injury Lawyers that a motor vehicle accident and workers compensation claim should be lodged by the claimant concurrently. When these claims are processed simultaneously, the client, more often than not, is able to receive two lump sum payments. The workers compensation claim will be organised and settled with WorkCover WA and the employer while the motor vehicle accident claim will be settled against the opposing driver (if negligent) in collaboration with the Insurance Commission of WA.
What is the benefit of making a motor vehicle compensation claim for an accident that occurred while you where working?
In common law damages claims such as road accident claims, clients are generally entitled to significantly higher payouts than what would be expected from their workers compensation payments, making the final benefit to the claimant much greater.
A common law damages claim can be made by the worker as long as the other party involved in the accident was at fault due to negligent driving. If successful, the claim will require the Insurance Commission of WA to refund the workers compensation payments and treatment expenses made by the employer’s insurer and pay a lump sum for damages incurred by the worker due to the accident. The lump sum payment size is uncapped for common law claims, allowing the vast majority of clients to receive greater overall compensation payouts compared to simple workers compensation claim payments.
Additionally, workers making industrial negligence claims against their employer normally need to have a Whole Person Impairment of 15% or more to receive payment for common law damages. However, this requirement is waived if the injury was sustained due to another parties negligent driving.
What is the best path forward and how can Separovic Injury Lawyers provide assistance?
In order to fully understand your personal set of circumstances and how they apply to compensation law, getting advice from a specialist personal injury lawyer is paramount. The Separovic Injury Lawyers team regularly deals with complicated claims where workers have the ability to receive compensation from multiple parties under varying sections of the law. For comprehensive, free and no obligation legal advice, visit https://separoviclawyers.com/ or book an appointment today.
Location: Highgate, Western Australia, Australia