Expertise
Traffic & Workplace Accident Compensation
Traffic and workplace accidents often cause serious bodily and economic harm. The steps taken immediately after the accident, the evidence gathered, a correct insurance application and sound fault/disability assessment directly determine the compensation obtained. This page summarises the practical process and the heads of compensation available. For general principles, see our Compensation Law page.
Steps to Take After the Accident
What is done immediately after the accident is the most critical part. Gathering evidence fully at this stage forms the basis of any later claim.
- Health first; keep all treatment documents and reports
- For traffic accidents: the accident report, camera footage, witness details and photos
- For workplace accidents: ensure the accident is reported to the employer and social security in time
- Obtain the vehicle registration, insurance policy and damage records
- Ensure fault and disability reports are obtained from the correct bodies
Determining Fault and Disability
The amount of compensation is directly linked to the fault ratio and the disability (loss of bodily capacity) ratio. In traffic accidents, speed, right of way, alcohol, red lights and road conditions; in workplace accidents, the employer’s OHS measures and the preventability of the accident are examined.
The disability ratio is set by authorised health institutions and assessed together with the person’s age, income and occupation. Because incorrect or incomplete fault/disability assessments can cause serious loss of rights, routes for objecting to the report are important.
Insurance Application and Arbitration in Traffic Accidents
For bodily injury in traffic accidents, a written application to the compulsory insurer of the liable vehicle is a pre-litigation step. As the insurer’s offer may fall short of the actual loss, a legal assessment before accepting is important.
Where the insurer underpays or refuses, the Insurance Arbitration Commission may be used, which is often faster than litigation. Compulsory traffic insurance, comprehensive and optional liability policies are assessed separately within fault and limits.
Available Heads of Compensation
Different heads arise depending on the type and consequences of the accident:
- Permanent and temporary incapacity compensation (loss of working capacity)
- Treatment costs, care costs and travel expenses
- Non-pecuniary compensation (pain, suffering and reduced quality of life)
- Loss-of-support compensation in fatal accidents (spouse, children, parents)
- In traffic accidents, diminished value, damage and loss-of-use
Social Security Process and Employer Liability in Workplace Accidents
In workplace accidents, the process runs with notification to social security, the temporary/permanent incapacity payments it provides and the disability assessment. For loss beyond what social security covers, pecuniary and non-pecuniary compensation may be claimed against the employer.
The employer is liable in terms of whether OHS measures, training and protective equipment were provided; the liability of sub-contractor and principal employer is assessed separately. As in most employment disputes, a pre-action mediation stage may apply.
Our Services
Our main services in traffic and workplace accident files, from start to finish:
- Managing the post-accident evidence and report process
- Insurance applications and Insurance Arbitration Commission proceedings
- Objections to fault and disability reports
- Permanent/temporary incapacity, treatment and care-cost claims
- Loss-of-support and non-pecuniary compensation in fatal accidents
- Diminished value, damage and loss-of-use claims
- Compensation actions against employer/sub-contractor in workplace accidents
- Mediation, litigation, enforcement and appeal proceedings
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Traffic & Workplace Accident Compensation
It is advisable to have the actual loss (disability, incapacity, loss of support) calculated before accepting. A signed release or settlement may, depending on its terms, make later additional claims difficult.
Social security payments may not cover the full loss. A separate action against the employer may be needed for pecuniary loss beyond that and for non-pecuniary compensation; each case is assessed on its own circumstances.
Accident-related claims are subject to limitation periods, and longer periods may apply where the event is also a criminal offence. To avoid loss of rights, a legal assessment as soon as possible after the accident is advisable.
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