Journey Claims (Injuries Sustained During Travelling for Work): WorkCover and CTP Claims in Queensland

WorkCover covers injuries sustained on the job. However, what about injuries sustained while commuting to and from work? This is where WorkCover claims and CTP claims come into play.    

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. 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.  

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 Applies even to a worker 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

 

This information is general in nature and does not constitute legal advice. Drafted with AI assistance and reviewed by our legal team.