Earlier in 2021 changes were made to the Motor Accident Injuries Act 2017. The changes limit employers’ ability to recover motor accident costs under CTP Insurance, reducing workers’ comp premium impact
Since 1 March 2021, NSW workers with minor motor accident injuries cannot claim under CTP; all costs fall under workers’ compensation, as defined in Section 4.4 of the Motor Accident Injuries Act 2017 Non minor injuries include injuries such as fractures or injuries where surgery is required.
Part 5 of the Motor Accident Guidelines: Minor injury (Soft tissue & minor psychological or psychiatric injuries) identifies injuries deemed minor. Please refer to the below links to the SIRA for the detailed definition of minor and non-minor injuries and how they are assessed.
What does this mean for businesses & their workers compensation policy? Each accident or worker injury will need to be assessed. Historically if the worker was injured whilst driving for work purposes, then the costs of the workers compensation claim could be typically recovered from a CTP claim. These changes will result in fewer workers compensation claim related recoveries being made against CTP claims & therefore the risk of higher workers compensation premiums could result.
If you have a worker that is injured whilst driving for work, please contact us to discuss.
Source: SIRA NSW
Title: Understanding Minor Injury
Read Time: 7 minutes
Source: NSW Government
Title: Motor Accident Guidelines
Read: Time: >1 hour