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TAC or WorkSafe? Which Covers You After a Car Accident Related to Work

Prepared by The Talk Shop Team  ·  How we prepare our content

If you’ve been hurt in a car crash that had something to do with work, it’s not always obvious whether you should claim through the TAC (Transport Accident Commission) or WorkSafe (WorkCover). The answer usually depends on why you were on the road when the accident happened.

The short answer: If you were commuting between home and work, the TAC usually covers you. If you were driving as part of your job (for example, making deliveries or visiting clients), it’s usually a WorkSafe claim. If WorkSafe rejects a work-related transport accident claim, you can then claim with the TAC.

Which scheme covers which situation?

These are the usual outcomes under the TAC’s Work Related Compensation policy. Every claim is decided on its own facts, so check with the TAC or WorkSafe if you’re unsure.

What you were doingUsually covered by
Driving, riding, walking or on public transport between home and workTAC
Travelling between home or work and a trade school or training your employer expects you to attendTAC
Travelling between two different employersTAC
Self-employed and travelling to or from a job, or between jobsTAC
Travelling to a medical appointment for an existing WorkCover injuryTAC
Driving as part of your work, such as deliveries, home visits or travelling between work sitesWorkSafe (TAC if WorkSafe rejects the claim)
On an employer-authorised break, such as lunch, after being at work earlier that dayUsually WorkSafe

The TAC gives the example of a bus driver or district nurse injured in a crash while working: they would usually claim through WorkSafe. Where WorkSafe rejects that claim, the person can lodge a TAC claim instead.

How a TAC claim works

  • It’s a no-fault scheme. You can claim even if you caused the accident.
  • Report the accident to police. The TAC expects transport accidents to be reported.
  • Lodge your claim online, by phone on 1300 654 329, or through the hospital if you were admitted. The hospital’s patient liaison officer can lodge it for you.
  • Time limits: claims generally need to be made within 12 months of the accident (or of when the injury first appeared). The TAC can consider a later claim, up to three years, if there are reasonable grounds for the delay.

How a WorkSafe claim works

  • Tell your employer as soon as possible and record the injury in your workplace’s injury register.
  • If a motor vehicle was involved, report it to police. WorkSafe notes that otherwise your claim may not be valid.
  • See a doctor. If you need time off work, you’ll need a certificate of capacity from a medical practitioner. You don’t need one if you’re only claiming treatment costs.
  • Complete the Worker’s Injury Claim Form (online through myWorkSafe or on paper) and give it to your employer, who sends it to their WorkSafe agent.

For more detail, see our step-by-step guide to seeing a psychologist through WorkCover.

Seeing a psychologist: TAC vs WorkSafe

A crash can leave more than physical injuries. Anxiety about driving, trouble sleeping, flashbacks, low mood and irritability are all common in the weeks afterwards. Both schemes can pay for psychology, but the rules differ.

Through the TAC

  • The TAC can pay for the first six psychology sessions within 90 days of the accident, without prior approval. You need a doctor’s referral, the sessions must be with a registered psychologist, and they must relate to your accident injuries.
  • After that, or after 90 days, your psychologist sends the TAC a treatment plan and gets approval for further sessions.
  • If someone close to you died or was severely injured in a transport accident, immediate family members can also get counselling through the TAC.

Through WorkSafe

  • You need a referral from a medical practitioner before psychology starts.
  • WorkSafe only pays for psychologists who are fully registered and registered with WorkSafe. You can choose your own provider, as long as they meet those requirements. Read more in Can I choose my own psychologist under WorkCover?
  • Your psychologist sends WorkSafe a treatment plan early on, and a review after 10 sessions or 6 months.
  • If your claim is for a mental injury, WorkSafe’s provisional payments can cover reasonable treatment, including psychology, for up to 13 weeks while your claim is decided, and even if it’s rejected.

At The Talk Shop, there’s no out-of-pocket cost for approved TAC and WorkCover treatment, because we bill your claim directly. See TAC psychology and WorkCover psychology for how it works.

What if you’re not sure which scheme applies?

Start with whichever fits best, and be upfront about what you were doing when the accident happened. If WorkSafe decides a transport accident wasn’t work-related and rejects your claim, you can lodge with the TAC. You can call the TAC on 1300 654 329 or WorkSafe on 1800 136 089 to talk it through. If your claim is disputed, it can be worth getting independent legal advice.

Whatever the scheme, you don’t have to wait for a claim decision to look after your mental health. You can see a psychologist using Medicare (with a GP Mental Health Treatment Plan), private health insurance or self-funded sessions in the meantime.

Need support now? If you’re in immediate danger, call 000. For 24/7 crisis support, call Lifeline on 13 11 14.

Frequently asked questions

I crashed on my way to work. Is that WorkCover?
Usually not. In Victoria, accidents while commuting between home and work are generally covered by the TAC, not WorkSafe.

I was driving for work when I crashed. Who do I claim with?
Usually WorkSafe, because the accident happened in the course of your employment. If WorkSafe rejects the claim, you can lodge a claim with the TAC.

Do I need a referral to see a psychologist through the TAC?
Yes. The TAC funds psychology on referral from a medical practitioner. The first six sessions within 90 days of the accident don’t need prior approval.

Can I still get help if the accident was my fault?
Yes. The TAC is a no-fault scheme, so you can claim whoever caused the accident.

Will I pay anything to see a psychologist at The Talk Shop?
Not for approved TAC or WorkCover treatment. We bill your claim directly, so there’s no gap to pay.

References

Transport Accident Commission. (n.d.). Work related compensation [Policy]. https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/work-related-compensation

Transport Accident Commission. (n.d.). Psychology & neuropsychology [Policy]. https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/mental-health-and-wellbeing-services/psychology-and-neuropsychology

Transport Accident Commission. (n.d.). Making a claim for compensation [Policy]. https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/making-a-claim-for-compensation

WorkSafe Victoria. (n.d.). Worker’s injury claim form. https://www.worksafe.vic.gov.au/workers-injury-claim-form

WorkSafe Victoria. (n.d.). Certificate of capacity. https://www.worksafe.vic.gov.au/certificate-capacity

WorkSafe Victoria. (n.d.). Psychology services guidelines. https://www.worksafe.vic.gov.au/psychology-services-guidelines

WorkSafe Victoria. (n.d.). Provisional payments. https://www.worksafe.vic.gov.au/provisional-payments

WorkSafe Victoria. (n.d.). Treatment expenses. https://www.worksafe.vic.gov.au/treatment-expenses