For many people in the workplace, driving is a large part of the job. If you have been injured in a motor vehicle accident, depending on where you are and what you are doing, there may be multiple schemes available to help you get back on your feet.
Workers Compensation in SA
If you have been injured in a car accident while in the course of your employment, you may be entitled to workers compensation benefits. This is a no fault scheme.
The motor vehicle accident must have arisen “out of or in the course of employment” and must be a “significant contributing cause” to the injuries suffered.
For example, while completing your work duties:
- you are a driver of a vehicle in a motor accident.
- you are a pedestrian who has been hit by a motor vehicle.
- you are a cyclist who has been hit by a motor vehicle.
Whether the motor vehicle accident occurred in the course of your employment will be assessed on a case by case basis and will depend on your job role, duties, and the direction of your employer. There must be a real and substantial connection to your employment. For further information on what is considered a “work injury” see here.
If your claim is accepted, you may be entitled to payment of medical expenses, income support, and lump sum payments in relation to your permanent impairment.
Motor Vehicle Accident (Compulsory Third Party (“CTP”) Scheme) in SA
As a result of injuries sustained in the motor vehicle accident, you may be entitled to CTP benefits. The CTP Scheme requires that you prove fault in relation to the accident. That is, the respondent driver must have been negligent.
If another driver is at fault, or partially at fault for the accident, you are able to lodge a claim with their CTP insurer. Under the CTP scheme, depending on certain injury thresholds, you may be entitled to payment of medical expenses, economic loss, pain & suffering, gratuitous care and paid care.
For further information on what you can claim through the South Australian CTP scheme, see here.
Why Do I Need A Lawyer?
Depending on your circumstances, it may be more beneficial to claim through one scheme rather than another. Or, you may be able to claim through both schemes. You are not able to obtain compensation for the same losses under both schemes (double dipping), but there are benefits under each scheme which allow you to maximise your compensation.
You should obtain legal advice as soon as possible after your motor vehicle accident. At Turner Freeman, we act “no win no fee” and will have a no obligation discussion with you about your claim. Call our team of personal injury lawyers on 8213 1000.