Compensation and the Holidays!

Compensation and the Holidays

Some of our most frequently asked questions…

1. What should I do if I am injured in a motor vehicle accident over the holiday period?

• First and foremost, you should ensure that you are safe and have sought medical attention.
• If possible, obtain the details of the other parties, especially of the “at fault” driver.  If the Police did not attend the accident scene, don’t be alarmed, you do not need an event number to lodge a claim for statutory benefits.
• If you can, take photos of the accident scene.
• Obtain a certificate of fitness from one of your treating doctors – the forms are available on the SIRA website https://www.sira.nsw.gov.au/
• Lodge a claim for statutory benefits along with the certificate of fitness within 3 months with the “at fault” driver’s CTP Insurer. However, if you are working, you should make the claim within 28 days as you will be able to receive back pay to the date of accident.
• Have peace of mind knowing that, irrespective of who was at fault, you will be entitled to reasonable and necessary treatment, care and loss of wages for 52 weeks from the date of accident.
• Contact us if you have any questions.

2. I was on my way home from a Christmas party and was involved in an accident. I had a few drinks at the party, and I probably shouldn’t have driven, but I did. Can I make a claim for statutory benefits?

Depending on your blood alcohol concentration, you may be able to make a claim for statutory benefits. However, the Insurer may not be liable to pay these benefits if you are charged with a serious driving offense in relation to the accident.

3. Can I claim for additional losses caused by the accident, such as missing out on my holiday?

An injured person can claim medical treatment, care and loss of wages. Unfortunately, missing holidays would not be included in that compensation.

4. I have been involved in a “hit and run” and I don’t know the identity of the car that hit me. Can I still make a claim?

If the “at fault” driver is uninsured or cannot be identified, you may be able to lodge a claim under the Nominal Defendant scheme. Contact us for further details.

5. Will I accrue annual leave whilst on Workers Compensation benefits?

Great news – in most cases an employee who is receiving workers compensation payments will still accrue annual leave.

6. I have been injured at my work Christmas party, can I make a Workers Compensation claim?

The short answer is, yes! Typically, attending your work Christmas party is considered to be a part of your employment -- even if that party occurs outside of your regular working / business hours or on a weekend.

If you are injured at a work party, and you are unsure as to whether you can make a workers compensation claim, contact us for advice.

We will provide you with a FREE advice about your potential entitlements under the Workers Compensation scheme.

7. Will I receive additional weekly benefits in my calculated PIAWE, to account for Public Holidays? 

If calculated and assessed properly, your Pre-Injury Average Weekly Earnings (‘PIAWE’) figure, will in most circumstances be calculated to include any public holiday pay, or overtime pay that you would normally expect to receive during the holiday period.

This is because your PIAWE is typically calculated based on your previous 52 weeks of employment (this includes an allowance for public holiday rates and overtime pay).

However, in some circumstances, your PIAWE is calculated on a shorter period of time, based on the length of your employment. Accordingly, if you believe that your PIAWE figure ought to be higher, feel free to contact us, so that we can review that figure for you.

8. Will the amount of my weekly benefits increase in the New Year?

Yes! Good news, your Pre-Injury Average Weekly Earnings (‘PIAWE’) do increase each year – in fact, they are indexed twice per year. This indexation will not occur on the 1^st of January, but rather on the following dates each and every year:

• 1 April.

• 1 October.

If your PIAWE has remained the same since the start of your claim, it is possible that your case manager has neglected to increase this figure. We may be able to claim a back-payment from the insurer in respect of this indexation, so contact us today.

Happy Holidays from the Injury Compensation Team!