Car Accident on the Way to or From the Mine? A Coal Miner's Guide to Journey Claims in NSW

27 Sept

If you work in a coal mine, you know the drive. The early starts, the long country roads in the dark, and that tired trip home after a run of night shifts. We grew up in a coal mining families, and live in coal mining communities, so the journey to and from site is something we know well.

Unfortunately, accidents do happen on that drive. When they do, coal miners in NSW have some important rights that many other workers in this state no longer have. There are also a couple of big decisions along the way that can make a real difference to your future. So let's break it down in plain English.

The short answer

If you are a coal miner in NSW and you're injured in a car accident on your way to or from work, you can usually make a workers compensation claim. You may also have a claim under the NSW motor accident scheme (often called a CTP or green slip claim). Under the current scheme, you have workers compensation entitlements available, you claim and receive those benefits first. You may have a motor accident claim as well and need to follow strict time limits to lodge that claim. It is important to note that if you resolve a motor accident claim, it will end your workers compensation rights and you will be required to pay back what you have already received.

Can a coal miner claim workers compensation for an accident on the way to work?

In most cases, yes. Back in 2012, the NSW Government changed the workers compensation laws. For most workers, an injury on the way to or from work is now only covered if there's a real and substantial connection between the job and the accident. That's a hard test to meet.

Coal miners were one of the few groups exempt from those changes. That means if you work in or about a coal mine, you generally still keep your right to claim workers compensation for an injury on your daily journey between home and work.

There are some exceptions. For example, if you took a big detour or stopped along the way for a reason that had nothing to do with work, your claim may be affected. Every situation is different, which is why it is worth having a chat with someone who knows this area well.

What should I do first?

The first claim to make is your workers compensation claim. Here's where to start:

Report the accident and your injury to your employer as soon as you can, even if it seems minor at the time.
See your GP and ask for a Certificate of Capacity (the medical certificate used for workers compensation).
Make your workers compensation claim. In the NSW coal industry, claims are managed by Coal Mines Insurance.
If police attended, keep the event number, and hold on to photos, dashcam footage and the other driver's details.

Your workers compensation claim should cover your immediate medical treatment and your weekly payments while you're off work. That takes a lot of pressure off while you focus on getting better.

Can I also make a motor accident (CTP) claim?

Possibly, yes. In most cases you can also make a claim under the NSW motor accident scheme, which is funded through CTP green slips.

Rights under the motor accident scheme can arise whether you were the driver or a passenger. If another driver caused the accident, you may be able to claim a lump sum for things like your pain and suffering and future loss of income.

Because you are covered by workers compensation, your weekly payments and medical treatment will generally come through your workers compensation claim rather than CTP. If you are thinking about a motor accident claim for loss of income, there are strict time limits, so it's important to get advice early.

Workers compensation or a CTP lump sum: which is better for me?

This is the big one, and it is where we see people get caught out.

If you pursue your motor accident claim all the way through to the end (whether it settles or is decided by the Personal Injury Commission or a Court), it will end all of your workers compensation rights for that accident. You will also usually have to pay back any workers compensation you have already received.

So before you go down that path, it is really important to compare what each option could mean for you over the long term. For coal miners, a workers compensation claim can potentially provide:

weekly payments that can continue long term, potentially up to retirement age
medical expenses for the rest of your life
a lump sum for permanent impairment, in some cases.

A lump sum under the motor accident scheme is only available in circumstances where the other driver was at fault, and even then, there are limits on what you can claim subject to whether you cross a threshold to gain access to non-econonmic loss..

It can be a complex exercise and the answer is really dependant upon the individual matter, specifically your injury, your age, your capacity for work and future needs. That is exactly why this decision should never be made without proper advice.

Frequently asked questions

Are coal miners covered for journey claims in NSW?

Generally, yes. Coal miners were exempt from the 2012 changes that removed journey claims for most NSW workers. If you are injured travelling between home and a coal mine for work, you can usually claim workers compensation.

Can I claim workers compensation and CTP at the same time?

You can often have both claims on foot. Your workers compensation claim will cover your treatment and weekly payments first (known at statutory benefits). The bigger question is whether to pursue a motor accident lump sum claim for damages, because that can bring your workers compensation rights to a close.

Do I have to pay back workers compensation if I receive a CTP pay out?

Usually, yes. If you finalise a motor accident claim for the same accident, you will generally have to repay the workers compensation you have received with the exception of medical expenses, and your future workers compensation rights for that accident will end.

What if the car accident was my fault?

You can still usually claim workers compensation, because it doesn't depend on who was at fault.

How long do I have to make a claim?

Report your injury to your employer straight away, and make your workers compensation claim as soon as possible. Motor accident claims have their own strict time limits, and ideally need to be lodged within 28 days from the injury. The safest approach is to get advice early rather than wait.

Do I need a lawyer for a journey claim?

You do not have to have one, but the choice between workers compensation and a motor accident claim can affect your income and medical care for decades. Getting advice from a lawyer who understands the coal mining system can help you make that choice with confidence.