Personal Injuries•Workplace Injury

Journey Claims (Injuries Sustained During Travelling for Work): Should You Choose a WorkCover or CTP Claim?

Published on 26 July 2023

Last updated on 29 February 2024

Contents hide

1. What is WorkCover journey claim?

2. What is CTP claim?

3. Can I make CTP claim and WorkCover Claim at the same time?

4. Comparing WorkCover claim and CTP claim

5. What to do if I am unsure?

When a worker is injured on the job, they are entitled to compensation for their injuries. However, what about injuries sustained while commuting to and from work? This is where WorkCover claims and CTP claims come into play. As an injured worker, you might be eligible to make one of the claims or make both claims!

It is important to understand the options available to you and to seek legal assistance to ensure you receive the compensation you deserve. Ascent Lawyers is here to help guide you through the process and ensure you receive the best outcome.

Journey Claims (Injuries Sustained During Travelling for Work): Should You Choose a WorkCover or CTP Claim?

1. What is WorkCover journey claim?

WorkCover claims cover a range of situations, including injuries sustained while travelling to and from work, as well as injuries sustained while running work-related errands. This is also called a journey claim.

In general, a journey claim pertains to travel, whether by car, bicycle, or on foot, that encompasses the following scenarios:

Commuting between your residence and your workplace.
Traveling between your workplace and any other location that is necessary for your work.
Journeying from one place of employment to another (for example, from your first job to your second job).
Traveling for work-related purposes, such as attending training sessions, conferences, visiting different worksites, or delivering goods.

It is important to note that WorkCover claims do not cover injuries sustained during non-work-related activities, such as running personal errands.

2. What is CTP claim?

A CTP claim is a claim made under the compulsory third-party insurance scheme. This type of claim is made against the CTP insurer of the vehicle responsible for the accident.

CTP claims cover injuries sustained in a motor vehicle accident, regardless of whether the accident was work-related or not.

It is very important to note that to make a CTP claim, you cannot be the at-fault driver.

3. Can I make CTP claim and WorkCover Claim at the same time?

The answer is yes, it is possible, provided you meet the eligibility criteria for both claims. However, navigating the intricacies of the insurance schemes relevant to your situation can be quite challenging.

There is no one-size-fits-all approach when it comes to determining the correct course of action. This is because every case has different circumstances and different factors.

Moreover, if you do decide to make both claims at the same time, there can be chances when the claims clash with each other. One example is when medical evidence obtained for one claim can potentially have a detrimental impact on the other claim. As a result, it is crucial to seek legal advice regarding your rights and options available. This will assist you in making informed decisions regarding the most suitable compensation entitlements for your specific situation.

4. Comparing WorkCover claim and CTP claim

Factors	WorkCover Claim	CTP Claim
Objective	Short-term support to cover immediate losses and expenses	Lump sum compensation for pain, suffering, past and future losses
Eligibility	Need to be a worker The travelling must be for work Can make claim even if found to be the cause of the car accident	Must not have caused the car accident
What can you claim	Weekly compensation benefits Reasonable treatment and medication expenses Reasonable travel expenses	Pain, suffering, and the overall impact on quality of life Past and future economic loss, including superannuation and interest Past and future medical expenses Gratuitous care and professional care
When will the claim end?	The claim reaches its conclusion when the injuries sustained from the accident have reached a state of ‘medical stability’. Your claim will end even if you are still suffering ongoing symptoms Your claim may end even if you are still not able to return to normal work duties	Claim concludes once settlement is reached with the CTP insurer
When payment is made	There will be weekly compensation	Compensation is not paid weekly Compensation is in the form of lump sum offer at the end
Past economic loss is compensated	Usually 85% of normal income, reducing to 75% after 6 months Cannot claim for loss of overtime, bonuses or promotional losses	Can claim 100% of loss of wages Can claim for loss of overtime, bonuses Can claim for loss of promotional opportunities Can claim for loss of superannuation Can claim for loss interest
Pain and suffering	Not compensated	Compensation for pain, suffering, and impact on quality of life (general damages)
Care and assistance	Not covered	Compensation for past and future care, assistance, aids, and modifications
Future medical expenses	Claim concludes when medical treatment ends	Lump sum compensation includes future treatment
Future economic loss	Not covered	Can claim future economic loss as a result of the permanent injury. Can claim loss of future superannuation Can claim loss of future interest

5. What to do if I am unsure?

If you are unsure which option is best for you, it is important to seek legal assistance. At Ascent Lawyers, we can help guide you through the process and ensure you receive the best outcome. We will explain the options available to you and help you determine what option is best for your situation. We understand that navigating the legal system can be overwhelming, especially when you are dealing with an injury. If you are injured, take the first steps in making a WorkCover or CTP claim by contacting Ascent Lawyers today. Our team of dedicated legal professionals is here to help you every step of the way.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.