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      Motor Vehicle Accidents
      Posted on 19 Mar 2026

      Accident on the Way to Work? What You’re Entitled to in NSW (2026 Journey Claims Update)

      An accident on the way to work in NSW can leave you injured, stressed, and unsure who is responsible for your medical bills and lost income. Many people assume they’re automatically covered by workers compensation — but in many cases, the claim is actually made through CTP (Green Slip) insurance.

      There are important exceptions. If your employment was the ‘real and substantial’ cause of the accident, you may qualify for a workers compensation journey claim instead.

      This updated 2026 guide explains how NSW journey claims work, which scheme applies to your situation, and the practical steps you can take to protect and maximise your compensation.

      Accident on the Way to Work? What You’re Entitled to in NSW (2026 Journey Claims Update)

      Am I eligible for a workers comp journey claim?

      In NSW, a standard commute is generally not covered by workers comp. To succeed in a journey claim, you must prove a real and substantial connection between your employment and the accident (SIRA journey claims guide).

      You are likely eligible if:

      • Your boss sent you on an errand: You were detouring to pick up supplies, drop off mail, or meet a client.
      • You have no fixed office: You are a courier, home-care worker, or tradesperson travelling between different job sites.
      • You were in a company vehicle: The vehicle was provided specifically for work duties.

      If you were simply driving your own car from home to your usual office, you will likely need to make a CTP motor accident claim instead.

      The ‘exempt worker’ exception

      Exempt workers like police officers, paramedics, firefighters and emergency services volunteers don’t have to prove their journey had a ‘real and substantial’ connection to work. That means even if you’re injured travelling between home and work, you can still claim workers comp.

      Learn more about claiming workers compensation

      How much workers compensation can I get?

      Depending on your situation, there are three types of workers compensation benefits you may be eligible for:

      If your accident qualifies as a journey claim, you can access:

      • Weekly payments: Up to 95% of your average weekly earnings for the first 13 weeks, then up to 80% after that depending on the severity of your injury and how much you’re able to work.
      • Medical expenses: All reasonable and necessary hospital, rehab, and pharmacy costs.

      2026 update to weekly payments

      Under the new Workers Compensation Legislation Amendment (Reform and Modernisation) Act, most weekly payments are cut off at 130 weeks (2.5 years). To keep receiving weekly payments after this point, you will now need a 25% Whole Person Impairment (WPI) rating (up from 21%).

      If your injury results in a Whole Person Impairment (WPI) of 11% or more, you can claim a one-off lump sum for permanent impairment.

      As of 2026, the maximum lump sum for permanent impairment in NSW is around $757,760 (Section 66 of the Workers Compensation Act 1987). This amount is indexed twice a year (on 1 April and 1 October) to keep up with inflation.

      If your injury involves the back or spine, you may be entitled to a 5% increase on your permanent impairment assessment under Section 66(2)(a) of the Workers Compensation Act 1987.

      If you have at least 15% Whole Person Impairment (WPI) and the accident was caused by your employer’s negligence (e.g. they gave you a faulty vehicle or forced you to drive while dangerously fatigued), you may have a work injury damages claim. These claims can result in large, lump sum settlements, potentially covering both your past and future lost income.

      Note: Exempt workers in NSW only need 1% or more WPI to claim a lump sum payout. You may also be entitled to an extra payout for pain and suffering if you have 10% or more WPI (15% for psychological conditions), up to a maximum of $50,000 (SIRA permanent impairment guidelines).

      Can I make a motor accident claim?

      If you don’t qualify for workers comp, you can still claim through the NSW CTP motor accident scheme. This covers you even if the accident was your fault, but the benefits can be much higher if you were not at fault.

      How much motor accident compensation can I get?

      The types and amount of compensation you’re entitled to depend on how the injury happened and the severity of your injury:

      • Threshold (minor) injuries: These can include whiplash or minor psychological distress. You’ll receive weekly benefits covering lost wages and medical expenses, typically capped at 52 weeks.
      • Non-threshold (serious) injuries: Some examples include fractures, nerve damage, or PTSD. Your weekly wage-replacement benefits typically last between 2 and 5 years.
      • Common law damages: If you were not completely at fault for the accident, you can claim for future economic loss. And if you have over 10% Whole Person Impairment (WPI), you can sue for a substantial lump sum for your pain and suffering.

      What types of injuries can I claim for?

      You can claim for any physical or psychological injury that occurred during a work-related journey or a motor accident. Some of the most common conditions we’ve helped clients claim for include:

      • Physical injuries: Whiplash, muscle strains, fractures, broken bones, pinched nerves (radiculopathy), torn ligaments, tendons, or cartilage (e.g. a torn ACL).
      • Psychological injuries: PTSD, depression, or anxiety disorders.

      What to do after an accident: Action checklist

      1. See a GP immediately: This creates the medical paper trail required for both motor accident and workers compensation claims.
      2. Make a police report: You must do this within 28 days (ideally 24 hours) to receive a police event number, which is mandatory for CTP claims.
      3. Identify the connection: Write down exactly what you were doing, e.g. Were you on a work call? Were you carrying heavy gear? Evidence linking your accident to work is essential in journey claims.
      4. Save the CCTV: Most dashcam or street footage is deleted after 30 days. Request it formally as soon as possible.
      5. Talk to a lawyer: Don’t let an insurer tell you that you aren’t eligible for workers compensation. We do a complete deep dive into your work history and the facts of the case, often finding work connections that insurers ignore.

      Can I make both workers comp and motor accident claims?

      Yes, you can make both claims — but you’re not allowed to ‘double dip’.

      Workers compensation and CTP claims can run in parallel. Workers comp can provide immediate wage replacement and medical support, while a CTP claim may offer compensation for pain and suffering and other damages if the accident wasn’t your fault.

      It’s important to remember that any payments you receive from workers compensation can be recovered by the CTP insurer when your settlement is final. This ensures you don’t receive more than your total entitlement.

      How long do I have to claim?

      In NSW, strict deadlines apply to claiming for a car accident on the way to work. Missing a date can mean losing your right to back-pay — or the right to claim at all.

      Workers compensation journey claims

      • Report it immediately: Tell your employer about the injury or illness as soon as it happens. Employers have 48 hours to notify their insurer once you've informed them.
      • Lodge within six months: You generally have six months from the date of the accident to file your formal claim.
      • The three-year exception: If your injury didn't show up immediately (like PTSD or a slow-developing back issue), you may have up to three years to claim, provided there’s a ‘reasonable cause’ for the delay.

      Motor accident (CTP) claims

      • The 28-day back-pay rule: To get your lost wages paid from the day of the accident, you must lodge your claim within 28 days.
      • The three-month deadline: This is the final cut-off to lodge a claim for weekly statutory benefits (wages and medical).
      • The three-year court limit: If you are suing for a common law lump sum for a serious injury, you must start court proceedings within three years of the accident.

      How much does it cost to make a claim?

      If you’re making a workers compensation claim, the good news is that your legal costs are covered by the Independent Review Office (IRO). That means you won’t receive a bill from us for the work we do on your claim.

      If it’s a motor accident claim, those aren’t funded by the IRO — but you’re still protected by our No Win, No Fee guarantee. We cover all the upfront costs, and you won’t pay us anything unless we successfully win your case.

      When should I speak to a lawyer?

      Journey claims can turn on small details — and small details can mean very big money. If there’s any uncertainty, delay, or pressure from an insurer, that’s usually your cue to get advice. Consider speaking to a lawyer if:

      • You’re unsure which claim to make: Being placed in the wrong system can significantly limit what you recover or how long it takes to start receiving payments.
      • You’re under the WPI threshold: A 1% difference (e.g. 10% vs 11% for a physical injury) can determine whether you receive ongoing weekly payments or access to pain and suffering damages. If we believe your WPI is too low, we’ll help you get a second opinion.
      • You’ve received a lump sum offer: Settlement offers are final. If it’s undervalued, you don’t get a second chance — so make sure to speak to a lawyer before accepting any offer.
      • The insurer is disputing your claim: A lawyer can help you pushback on a denied claim and compile fresh, compelling evidence to support an appeal.

      Frequently asked questions

      Yes, it is. If you’re in a car accident while driving for a sandwich or running an errand during your lunch break, you are generally covered by workers compensation under the ‘authorised recess’ rule (Section 11 of the Workers Compensation Act).

      For a recess to be ‘authorised’, it must occur during a break that your employer has permitted, such as standard lunch hours, tea breaks, or short coffee runs.

      Crucially, because it is a ‘recess claim’ and not a ‘journey claim’, you don’t have to prove a substantial connection to your work — you only need to show you were on a permitted break.

      If you’re suing your employer or another driver for negligence — that is, making a ‘fault-based’ claim — insurers will try to reduce your compensation by claiming your own actions contributed to the accident or made your injuries worse. It’s known as ‘contributory negligence’.

      Some of the most common examples we’ve seen include:

      • Speeding.
      • Performing illegal maneuvers on the road.
      • Failing to wear a seatbelt.
      • Drug or alcohol intoxication.

      If the insurer has evidence of contributory negligence, they’ll reduce your compensation by the corresponding amount. For example, if you weren’t wearing a seatbelt and the insurer finds 30% contributory negligence, your lump sum will be reduced by 30%.

      No, your employer is generally responsible for the cost of any damage. Under the Employees Liability Act 1991 (NSW), your boss must cover you for any damage caused while you were doing your job — even if the accident was your fault.

      When am I protected?

      If you are an employee, your employer is ‘vicariously liable’ for your actions. This means they take on the financial risk of your driving. They cannot legally deduct the repair costs or the insurance excess from your wages without your written agreement.

      When might I have to pay?

      You lose this legal protection only in two specific cases:

      • Serious misconduct: You were drink-driving, on drugs, or acting recklessly.
      • Private use: You were using the car for a personal trip (like a weekend getaway or moving house) that wasn’t authorised for work.

      What if I’m a contractor?

      If you are an independent contractor, the vicarious liability rule is less certain. Your responsibility usually comes down to the fine print in your service agreement.

      If your contract says you are responsible for the insurance excess, you may have to pay it. However, if you work exclusively for one company and they provide the car, the law may still treat the employer as responsible.

      You can read more about workers comp for employees vs. contractors in our guide.

      What if my boss asks for money?

      • Don’t sign anything: Some employers try to trick staff into admitting personal liability.
      • Check your payslip: It is illegal in NSW for an employer to take money out of your pay without a court order or your very specific, written consent.
      • Chat to a lawyer: Speak with a lawyer to better understand your rights.

      Get free legal advice

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