Many Victorians are aware that if they suffer an injury at work, they can receive financial assistance from WorkCover, and if they sustain an injury in a transport accident, they can make a claim with the Transport Accident Commission (TAC). But what happens when a person is injured or killed in a transport accident while they are at work?
If a person is involved in a transport accident on their way to or from their ordinary place of employment, this is considered to be a standard claim with the TAC. The TAC will manage the entirety of the claim, and the injured person’s employer is not involved in the claim at all.
If a person suffers an injury in a motor vehicle accident during the course of their employment, WorkCover and TAC share responsibility for assisting the injured person. An accident will occur in the course of someone’s employment when a person is travelling to or from a destination because of their work duties (other than their usual place of employment).
For example, if a person ordinarily works in an office and is injured in a transport accident travelling to their office, their claim for assistance will be managed by the TAC. If the person has to leave their office to visit a client or attend a work function, and they are involved in a transport accident on the way to that secondary location, they will have been involved in an accident “in the course of their employment”.
If a person is injured in a transport accident in the course of their employment:
If the accident was caused by the fault of someone other than the injured person:
If a person dies as a result of a transport accident while at work, their family members can:
Compensation systems can be complex and convoluted. If you or a family member have been injured, we recommend that you get free advice from one of our personal injury experts on (03) 9321 9988.Go Back