Philip Ferraro featured on 2GB discussing workers compensation claims - 25 September 2021

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CS – Chris Smith/PF – Philip Ferraro/C1,2,3, etc – Callers

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Listen to the podcast

Read the transcript below:

CS       A listener by the name of June has emailed in and says the following, I was injured on my way to work, my employer told me worker’s compensation won’t cover me, is that right?

PF       It’s a good question, Chris but that’s a common misconception that journeys to or from work aren’t covered by worker’s compensation. That would be an oversimplification. There were some changes to the law brought in in 2012 to where not all injuries sustained on the journey to or from work are covered and there has to be what’s called a real and substantial connection between the injury and employment. So, if you’re travelling to work at an ordinary time taking the ordinary journey in the way the vast majority of workers do and you happen to be involved in an accident, you probably won’t be covered although there may be a CTP claim if it involves a motor vehicle, the issue has been considered extensively by the Workers Compensation Commission, looking sat the case of Wikkenden, a worker in this instance was working at a service station and had to work back late, as a consequence of that she was travelling home late on a country road and she collided with cattle during that journey, so in this instance the risk of that happening was far greater because of the time of night and the claim succeeded.

CS       Right, so it’s got to be really linked to work, the trip itself linked to work as opposed to just going to and from,

PF       Correct.

CS       Alright, another listener Aiden asked, I was injured in a car accident but it was work related, I’ve been getting paid worker’s compensation, can I also lodge a claim against the at fault driver?

PF       Yes, you certainly can, in my experience people without lawyers often wrongly assume something’s either worker’s compensation or CTP. The way the legislation is set up, the worker’s compensation insurer is supposed to pay for what are called statutory benefits which are the weekly payments of income support and medical expenses but on top of that you should still investigate a claim against the at fault driver, just because even if the worker’s compensation insurer is paying those statutory benefits on top of that you can bring what’s called a damages claim against the CTP insurer.

CS       Okay, so they can work parallel.

PF       Correct, exactly right.

CS       Alright, Philip much appreciated. 

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