What happens if I am injured in a motor vehicle accident in Victoria whilst working?

12/04/2019

If you are an employee or an independent contractor and you have been involved in a car accident, then we have compiled some basic information here which may help you to understand your rights and responsibilities and how you may be liable for, or entitled to, compensation.

Gordon Legal have decades of experience representing the interests of individuals in compensation cases. Our team of lawyers can provide you with personalised, expert legal advice to assist you through what may be a confusing and distressing legal matter.

Workers’ Compensation Claims for car and transport accidents

If you have been involved in a car accident whilst you were working, then there may be a few factors you should consider. Each state and territory governs and regulates Workers’ Compensation Claims independently of each other so it is important that you understand under which jurisdiction your accident has occurred and who to approach with regards to lodging a claim for Workers’ Compensation.

For example, in the State of Victoria, If you were driving a motor vehicle for work, and were driving to a location you need to go for your work, then this may be considered a ‘course accident’. These types of accidents occur when a worker’s driving of a motor vehicle is what they are employed to do. Or, in other words, driving this work vehicle is the course of their normal work day.

For example, Jin works for a global couriering business. He was involved in a car accident in the city while delivering a package. If Jin suffered an injury because of this motor vehicle accident, then he has suffered a ‘course accident’ and his claim for worker’s compensation would fall under that category.

If you were driving a motor vehicle to attend a location for your job, but driving was not what you were employed to do, and you have been injured in a car accident, then it is most likely that your accident would be considered a ‘recess accident’.

For example, Annie works for a boutique consulting firm and is required to regularly visit a construction site in rural Victoria. If she sustains an injury from an accident which occurred on her way home from that construction site – even though that it not where her regular office is – then her accident would be considered a ‘recess accident’ and she would file for Workers’ Compensation under that category in Victoria.

Further information

Not every state and territory works exactly this way, but you will find that your Workers’ Compensation rights do exist if you have been involved in a car accident and that car accident occurred as a result of your job or working day.

We recommend that if, at any time, you become confused with how to proceed with your claim, that you seek legal advice immediately. You may choose not have a lawyer represent you but often access to a professional lawyer can help you to understand what you are required to do and when it must be done by.

We can help you understand your forms, help you to fill them in, explain what kinds of records or documents you will need access to, and provide guidance and assistance with regards to dispute resolution. A lawyer can do as little or as much as you would like them to. Contact one of our friendly team today on 1800 21 22 23 to discuss the details of your case or log on to our website at www.gordonlegal.com.au for more information.