When you’ve been injured, the last thing you need is to worry about what to do after a car accident. Seeking car accident compensation in Perth can help reduce your emotional and financial stress while you’re unable to work due to your injuries.
Here, we help you navigate your injury claim after a car accident and understand your entitlements. Read on to find out more.
Western Australia car accident – what compensation can you claim?
In Western Australia, there are limited circumstances in which your car accident compensation claim in Perth can be for workers’ compensation (rather than, for example, a CTP insurance claim).
Under the Workers’ Compensation and Injury Management Act 1981 (‘the Act’), your workers’ compensation injury claim after a car accident often isn’t covered if you’re injured while driving or travelling:
- Between your place of residence and workplace
- Between residences, if you have more than one place of residence
However, your workers’ compensation injury claim after a car accident may be covered if you’re injured while driving or travelling:
- For educational purposes if it’s required as part of your work or apprenticeship (for example, your employer requires you to attend a training course and you suffer an injury in a car accident while driving to or from the course)
- As part of your work (for example, you’re driving to an offsite, work-related meeting and you suffer an injury in a car accident while driving to or from the meeting)
- For treatment of your existing workers’ compensation injury (for example, you’ve made a workers’ compensation claim and suffer an injury in a car accident while driving to or from treatment as part of that claim)
- To receive a workers’ compensation payment to which you’re entitled (for example, you’ve made a workers’ compensation claim and suffer an injury in a car accident while driving to or from a place to receive a compensation payment for that claim)
Compulsory Third Party (CTP) insurance claim for injury in a car accident
In Western Australia, all registered vehicles include a CTP insurance policy that covers drivers if their negligent driving causes someone to suffer a personal injury.
After a car accident in Perth, you may be eligible to make a CTP compensation claim to the ICWA.
Successful claims with ICWA are generally awarded through a lump sum payment, but it may be possible to get periodic payments for your lost income in situations of financial hardship.
Total Permanent Disability (TPD) claim for injury in a car accident
If you have sustained an injury in a car accident that stops you from completing fundamental, daily tasks at work, you may be entitled to make a TPD claim through your superannuation policy.
TPD claims can be made regardless of who was at fault in the accident.
If you already have an ICWA claim, you can still make a TPD claim if you meet the criteria.
Income Protection Insurance claim for injury in a car accident
If you have income protection insurance, your rights will depend on the specific details of that policy.
However, if you receive income protection payments, you should also consider whether you are entitled to make either an ICWA or a TPD claim. In some cases, you may be entitled to additional benefits by pursuing both types of claims. Either way, if you’re unsure it’s best to consult with a legal expert who can advise you on your options and how you can maximise your claim.
Stephen Browne are your motor vehicle accident claim experts
When it comes to car accidents, understanding your potential entitlements is important for getting the financial support you need and deserve.
Stephen Browne Personal Injury lawyers are experts in motor vehicle accident claims and can take the stress and guesswork out of your situation, so you can focus on your recovery.
Contact us today for an obligation-free consultation on (08) 9463 5360 to find out if you have a claim.
