Getting injured on the way to work is more common than many people realise. In Queensland, workers’ compensation doesn’t just cover accidents at the workplace — it can also apply if you’re hurt while travelling directly to or from work. These claims can give injured workers access to statutory benefits, such as income support and medical assistance. However, the support can be limited.

If another driver was at fault for your accident, you may also be entitled to bring a compulsory third party (CTP) claim, which can provide broader compensation on top of your workers’ compensation benefits.

Journey Claims: What You Need to Know

Under sections 34–36 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act), injuries are covered if they occur while travelling to or from work, or while engaged in work-related activities. These are called journey claims. However, the route taken must be direct and practical.

Key features include:

• Work-related travel only: Journey claims cover injuries incurred while travelling for work-related purposes, including commuting to or from your workplace, between job sites, attending off-site training, or going to medical appointments. This is different from general motor vehicle accidents, which usually involve personal trips or commutes unrelated to work. Minor detours for fuel or childcare are usually fine, but significant deviations for personal reasons can cancel coverage.

• No-fault coverage: Journey claims are generally no-fault, meaning you can claim benefits regardless of who caused the injury.

• Time considerations: You need to be travelling at a reasonable time before or after work. Long delays or personal stops may affect your entitlement.

• Available benefits include:

• Medical treatment costs: Covers hospital care, doctor visits, therapies, and rehabilitation services directly related to the injury.

• Rehabilitation support: Assistance to regain work capacity, including physiotherapy, occupational therapy, or vocational rehabilitation programs.

• Travel expenses for treatment: Reimbursement for transport to and from medical appointments linked to your injury.

• Wage replacement: Payments for lost income, typically calculated at a percentage of your normal gross salary while off work.

• Paid care and assistance: Support for personal care, household duties, or professional carers during recovery.

• Statutory lump sum entitlements: Compensation for permanent impairment or reduced ability to perform your previous role.

• Support for returning to work: Assistance programs or workplace adjustments to help you safely resume your duties.

Your Rights with CTP Insurance

Compulsory Third Party (CTP) insurance is designed to protect anyone injured in a motor vehicle accident caused by another person’s negligence. In Queensland, the scheme is regulated by the Motor Accident Insurance Act 1994.

What you should know:

• Fault-based coverage: Unlike journey claims, CTP claims require another driver to be at fault for your injuries. If you are partly at fault, your compensation may be reduced proportionally.

• Statutory benefits: You can access immediate medical treatment, income replacement, and essential services support.

• Common law rights: If the negligence of another driver caused your accident, you can also claim common law damages, which include:

• Past and future medical expenses, such as for surgeries, therapies, and assistive equipment.
• Past and future loss of income, including superannuation.
• Costs of care and assistance, whether professional or provided by family members.
• General damages for pain, suffering, and loss of enjoyment of life.

The broad coverage of CTP claims means injured workers often recover much higher compensation than through workers’ compensation alone.

Making a Strong CTP Claim: Key Steps

If you’ve been injured on the way to work in a road accident, proving another driver’s negligence is crucial for your CTP claim.

Steps to strengthen your case:

• Gather evidence at the scene: Take photos, collect witness details, and obtain a police report.
• Seek medical attention immediately: Early diagnosis creates strong medical evidence for your claim.
• Notify the insurer on time: Queensland law imposes strict notification requirements. However, there may be exceptions in certain circumstances, so it’s important to act promptly and seek legal advice.
• Get legal advice early: An experienced lawyer, like one of our Car Accident Lawyers Gold Coast, ensures you don’t compromise your entitlements under either system.

Can You Claim Both Workers’ Compensation and CTP?

Yes, often you can. How the two systems interact:

• Immediate relief: Workers’ compensation pays medical bills and income support while your CTP claim progresses.

• Reimbursement rules: Workers’ compensation is entitled to recover payments they make from your CTP settlement, however, this forms part of your CTP claim and then only gets reimbursed at the conclusion of the claim.

• Strategic benefit: Having workers’ compensation payments removes pressure to accept a low CTP settlement offer.

But there’s an important caveat: You cannot receive the same benefit twice from both workers’ compensation and CTP. Each scheme’s payment may be adjusted to ensure no double recovery.

Because the interaction between both systems can get complicated, legal advice is essential to maximise your total recovery.

Common Challenges in CTP Claims

Even when you’re clearly injured on the way to work, insurers often push back. Common obstacles include:

• Disputes about liability: Insurers may argue the other driver wasn’t at fault.
• Pre-existing conditions: Claims may be denied on the basis that your injuries existed before the crash.
• Journey disputes: Arguments about whether you were truly on a direct journey to work.
• Pressure to settle early: Insurers often offer quick, low settlements before the full impact of injuries is clear.

Overcoming these challenges requires strong evidence, medical support, and experienced legal guidance. We’re here to ensure nothing is missed.

Deadlines You Cannot Miss

Strict timeframes apply in Queensland. Missing one could mean losing your right to claim.

• Workers’ compensation: You must notify your employer as soon as possible, and submit your claim to WorkCover no later than 6 months after the accident.

• CTP claim: Notify the insurer within 9 months of the accident, and commence legal proceedings within three years if settlement fails. If the driver at-fault cannot be identified, you should lodge a claim with the Nominal Defendant within 3 months of the accident. A claim with the Nominal Defendant can be lodged up to 9 months after the accident but it must be accompanied by a reasonable excuse for delay.

• Damages or common law claims: If you intend to pursue a claim for damages beyond statutory benefits, you generally have up to 3 years from the date of injury to start legal proceedings.

Coordinating both timelines correctly is critical. Our expert Compensation Lawyers will ensure you stay compliant and protect your entitlements.

Do I Really Need to Get a Lawyer?

Navigating a workers’ compensation claim alongside a CTP claim can be tricky. Without expert guidance, it’s easy to miss opportunities or lose entitlements.

Our expert Gold Coast Car Accident Lawyers and Gold Coast Workers Compensation Lawyers can help by:

• Coordinating both claims to maximise compensation.
• Gathering strong evidence to prove negligence and damages.
• Handling insurer negotiations and avoiding low settlements.
• Acting on a no win no fee basis for CTP and workers' compensation claims.

The difference between going it alone and having legal representation is often tens of thousands, or even hundreds of thousands, of dollars in compensation.

Conclusion

While workers’ compensation provides support for journey claims in Queensland, a CTP claim can deliver broader assistance when another driver is at fault. This may include compensation for pain and suffering, ongoing medical treatment, and long-term care or rehabilitation.

If you’ve been injured travelling to work, understanding your rights under the CTP scheme can significantly impact your recovery, safeguard your financial future, and ensure you receive the full support you’re entitled to.

We Fight for Your Recovery

At Lifestyle Injury Lawyers, we make the claims process simple. We offer a Free Claim Check to help you understand your entitlements and the best pathway forward. Unlike larger firms where you may feel like just another number, you’ll work with one dedicated lawyer from start to finish.

Our approach is clear:

• No uplift fees or hidden charges.
• No fixed fee percentages taken from your settlement
• Expert legal advice tailored to you
• A philosophy centred on you, because your compensation is meant to go to you, not us.

Compensation law is all we do. That means every strategy, every negotiation, and every piece of advice is focused on one thing: maximising your recovery and helping you move forward with security and confidence.

Reach out today for a free, no-obligation initial consultation for expert advice.