How SIRA Handles Claims for Tradespeople in Work Vehicle Crashes
If you are a tradesperson in NSW who was injured in a motor vehicle crash while driving a work vehicle, your claim is governed by the Motor Accident Injuries Act 2017 (MAIA). This law applies regardless of whether the vehicle was used for work, private purposes, or a combination. SIRA, the State Insurance Regulatory Authority, administers the Compulsory Third Party (CTP) insurance scheme and processes claims under MAIA. Your entitlement to benefits depends on the nature of your injury, the circumstances of the crash, and whether you were driving the vehicle for work-related purposes at the time.
SIRA’s role is to assess whether you are entitled to statutory benefits, including treatment and care benefits, weekly income payments, and, in some cases, damages. The process begins with notifying your insurer or SIRA directly. You must provide evidence that you were injured in a motor accident involving a vehicle registered in NSW, and that the crash occurred on a road or road-related area, including private property used for public access such as a car park in a commercial area.
Practical Steps and Evidence That Matter
To support a claim, you must gather and preserve evidence that demonstrates the accident occurred, your injury was caused by it, and your work vehicle was used in the course of your trade. Key items include:
- A completed police report, if one was made at the scene
- Photographs of the vehicle damage, road conditions, and any visible injuries
- Medical records from your treating practitioner, including diagnosis, treatment plan, and any assessment of your capacity to work
- A written statement from a witness who observed the crash
- Records showing your work vehicle was registered in your name or under your business, and that you were using it for a job at the time
- Pay slips or business records showing loss of income due to injury
In Greater Sydney, SIRA has processed claims involving tradespeople who were driving to a site in a van used for plumbing, electrical, or carpentry work. For example, a licensed electrician was injured when a delivery van struck his work van while he was parked in a loading zone near the Sydney CBD. The crash occurred on a public road, and he was on his way to install lighting at a commercial building. SIRA accepted the claim because the vehicle was used in the course of his trade, the injury was sustained in a motor accident, and he had not been engaged in a personal errand at the time.
Legal Boundaries for Work Vehicle Crashes
Not every crash involving a tradesperson’s work vehicle results in a CTP claim. The law requires that the injury must have been caused by a motor vehicle accident on a road or road-related area. A crash that occurs on private property, such as a construction site or a driveway not open to public traffic, may not be covered unless it occurred on a road that is part of a public network.
If you were driving your vehicle for work purposes but were not on a public road at the time of the crash, your claim may still be considered if the vehicle was used in the course of your trade and the crash occurred on a road or road-related area that is accessible to the public. For example, a builder who was reversing a company van in a car park attached to a residential development in North Sydney was struck by another vehicle. The car park was part of a public access route, and SIRA accepted the claim because the location was not purely private and the vehicle was used for work.
SIRA does not assess whether you were at fault. The CTP scheme provides compensation regardless of fault, but your entitlement to damages may be affected if you were found to have contributed to the accident. You may still be eligible for treatment and care benefits and weekly income payments even if you were partially at fault.
Time Limits and When to Seek Advice
There is a 3-year time limit from the date of the accident to commence a claim for damages under MAIA. For statutory benefits, such as treatment and care or weekly payments, you must notify your insurer or SIRA within 6 months of the accident. Failure to do so may result in the loss of entitlement to benefits, unless a valid reason for delay is provided.
If your injury is classified as a threshold injury under the Motor Accident Guidelines, you may not be eligible for damages unless you have a whole person impairment (WPI) of 10% or more. For a tradesperson, this means that if your injury is limited to soft tissue damage such as whiplash, and there is no evidence of a spinal nerve-root injury with neurological signs, you may not be able to claim damages. However, you may still receive treatment and care benefits and weekly payments for up to 52 weeks, after which benefits may cease if your only injuries are threshold injuries.
If your claim is denied or you disagree with the assessment, you may request a review from SIRA. If the review is not satisfactory, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. It is advisable to seek independent advice before making a formal application.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.