Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured during work-related driving in Bathurst, NSW, you may have a claim under both the NSW Compulsory Third Party (CTP) scheme and your workers compensation. This article explains how these schemes interact regarding treatment costs, the legal rules that apply, and steps to manage benefits.
How CTP and Workers Compensation Interact
When a worker is injured during work-related driving, both schemes may cover treatment costs. The NSW CTP scheme (under the Motor Accident Injuries Act 2017) funds medical treatment, rehabilitation, and income support for injuries caused by motor vehicle accidents. Workers compensation covers injuries sustained during work, including those from work-related driving.
However, there are legal boundaries. For example, if your injury meets the threshold injury definition under the Motor Accident Guidelines (e.g., soft tissue injuries with specific neurological signs), CTP benefits may be limited after 52 weeks. Workers compensation, by contrast, typically covers treatment costs for a longer period unless the injury is deemed non-compensable.
Practical Steps for Managing Treatment Costs
To avoid double payments or underpayment, claimants must coordinate benefits under both schemes. Key steps include:
- Documenting all medical treatment (e.g., scans, therapy, prescriptions) with dates and costs.
- Keeping records of work-related driving incidents (e.g., accident reports, witness statements).
- Notifying both insurers (CTP insurer and workers compensation provider) about treatment costs.
- Reviewing SIRA guidelines on overlapping claims to ensure compliance.
A hypothetical example: A truck driver in Bathurst was injured during a work trip. The CTP insurer covers initial physiotherapy, while workers compensation pays for ongoing occupational therapy. If the injury is a threshold injury, the CTP insurer may stop paying after 52 weeks, but workers compensation continues.
Time Limits and Dispute Resolution
Workers compensation requires notification of injury within 30 days of the incident (or 12 months for some injuries). CTP claims must be made within 52 weeks of the accident, though extensions may apply for complex cases.
If benefits are disputed, claimants should seek legal advice to:
- Confirm whether the injury meets CTP’s threshold injury criteria.
- Ensure workers compensation covers non-CTP-related treatment costs.
- Avoid double payments by coordinating with both insurers.
When to Seek Advice
Coordination between schemes can be complex. For example, if your injury involves both a threshold injury and a whole-person impairment (e.g., chronic pain), benefits may overlap or conflict. Legal advice ensures you receive full funding without breaching scheme rules.
Next Steps
CTP and workers compensation entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.