D’Angelo Legal, Personal Injury Law Clerk, Michael Watters explains the definition of where work starts in relation to Workers Compensation.

You leave home, drive to work, have a car accident on the way and are injured. Is that covered by motor vehicle insurance or workers compensation?

You work from home as agreed with your employer, leave home to drive to a meeting and are involved in a car accident causing injury. Are you covered by workers compensation?

A university employee was injured in the car park at his place of work before arriving at his desk. Is that covered by workers compensation? When is it deemed that he actually started work? 

These technicalities are what we call grey areas and need answering.  What is black and white is that you cannot be compensated twice, for example, you cannot recover compensation under the workers compensation insurance and under the compulsory third party motor vehicle insurance. 

Different insurance schemes have different rules and different heads of damage.

Workers compensation: 

  • No fault insurance
  • Primary claim is quicker and easier to make than under motor vehicle insurance
  • Claims can be made for loss of income, permanent impairment, medical expenses and vocational rehabilitation.

Motor vehicle insurance:

  • At fault system
  • Considered a secondary claim and is slower to process
  • Claims can be made for pain and suffering, loss of enjoyment of life, permanent disability, economic loss both past and future (more generous than workers compensation), medical expenses, special damages, and gratuitous services (such as a relative coming every week to clean your house, do your shopping, drive you to medical appointments, care). 

If you have suffered an injury in a motor vehicle accident that was work related, which insurance should you make a claim under?  If you have made a claim, D’Angelo Legal can review your case and give you advice on the best course of action to take. Remember, if you make a claim and are not successful, then we don’t charge our fees.

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