It is always surprising to us at The Personal Injury Lawyers when we are speaking to a motor accident victim and they have no idea that they have a right to claim workers' compensation. Many times they are desperately in need of financial assistance as they cannot work and yet no one has told them about their statutory right to workers' compensation.
Under the Workers' Compensation & Rehabilitation Act 2003 a person who is injured in a car accident on their way to or from work, or during a work break is entitled to what is termed "a journey claim". Under a journey claim you are able to claim for all the same benefits as you would normally, if injured in the course of undertaking your work. Those benefits include:
- funding of your medical and rehabilitation expenses for the treatment of your injuries;
- reimbursement for the costs of travelling to and from medical appointments or to attend at the chemist to purchase pharmaceuticals or medical aids or any other travel that is reasonably incurred in respect to your accident injuries;
- funding of paid care and assistance where you need to engage help with your personal care, domestic chores, or your home, yard or vehicle maintenance, because you are unable to tend to such tasks due to your accident injuries;
- wage benefits - this will be between 80 to 100% of your normal gross wages and this is always a huge help to car accident victims who are unable to work due to injury and have no disability insurances or sick or annual leave to fall back on;
- statutory lump sum payments at the end of your workers' compensation journey claim - these can help a motor vehicle accident victim who continues to be unable to work, or has a reduced work capacity following a road accident, to tie them over until their motor vehicle accident claim for their injuries resolves.
Of course, if you are injured in a motor vehicle accident during the course of your work and not just on a journey to or from work, you are also entitled to workers' compensation as you were injured in the performance of your work. There is no disputing this. And all of the same benefits as stated above will be available to you in your workers' compensation claim.
To make a claim for workers' compensation all you need to do is:
- Obtain treatment of your injuries as soon as possible after the accident, from a doctor, and make sure you advise of the accident and all your injuries, no matter how minor you think they might be. You will need to obtain a special workers' compensation medical certificate from your treating doctor who examined you after the accident that is lodged with your workers' compensation application;
- Report the car accident and your injuries from the motor vehicle accident to your employer as soon as possible after the accident. And if you are not able to do this, then ask a close friend or relative, or your doctor or hospital staff to advise your employer of the accident;
- As you are injured, you should report your accident to the Police. This will also assist you if you need to bring a motor vehicle accident claim for your injuries;
- Lodge your application for workers' compensation either via your employer, or with Workcover Queensland (if your employer is self-insured, then you will need to lodge your application with your employer);
- An application for workers' compensation can be made over the phone and online with Workcover Queensland by going to the website at the link: Make a workers' comp claim;
- The workers' compensation application form can be downloaded at the following link: workers' compensation claim form
The Personal Injury Lawyers are No Win No Fee accident injury specialists in workers' compensation claims and car accident claims and can assist you in obtaining all your entitlements, both pursuant to statute and at common law. You can contact us by calling 1300 782 202 or by submitting one of our Claim Enquiry or Case Assessment forms on our website: Free Appraisal Form We also have a Livechat service - see the link below at the right hand bottom corner of our website.
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