Claiming workers compensation for e-scooter accidents

It’s now common to see electric scooters (or e-scooters) around our streets. For many people, it’s a quick and easy way to commute to and from work. Unfortunately, this has led to an increase in e-scooter injuries – for riders and pedestrians.
Research by the RACQ and RBWH Foundation has found that e-scooter crashes occur more in the mornings (36%) and afternoons (29%). Tuesdays are the most common day for accidents and the most commonly injured group is males aged 25 to 34.
Obviously, the work commute is a dangerous time for e-scooter riders and the pedestrians around them. But claiming workers compensation for e-scooter accidents that occur while travelling to or from work may be an option for you to consider.

What is workers compensation?

First we have to understand what workers compensation is. This mandatory business insurance compensates employees if they are injured or become sick due to their work. This includes travel to and from work.
Workers compensation (or WorkCover) can cover an employee’s wages, medical expenses and rehabilitation while they recover.
Importantly, workers compensation is a ‘no-fault’ scheme. This means the injured employee doesn’t need to prove their employer was negligent to make a claim. And they don’t usually have to go to court to receive the compensation.

Claiming workers compensation for an e-scooter accident

As e-scooters don’t need to be registered, there’s no compulsory third party (CTP) protection for injured riders and pedestrians.
However, if you were injured on or by an e-scooter while travelling to or from work, you might be able to claim workers compensation. In fact, WorkCover claims for e-scooter accidents have tripled in three years.
A ‘journey claim’ covers a range of work-related travel, including between:

  • your home and workplace
  • your home and workplace training or education
  • your workplace and a medical appointment
  • one employer and another employer.

When you may not be eligible

In some circumstances, you may not be eligible for workers compensation or will find it harder to claim. For example:
· You were under the influence of alcohol or behaving recklessly.
· The accident occurred because you broke e-scooter laws or road rules.
· Your journey was delayed, different from your normal routine or interrupted by other stops, such as at a coffee shop.
Even if these circumstances apply, it doesn’t mean you can’t claim at all. Get in touch with us to discuss your options and find out what you’re eligible for.

If workers compensation doesn’t apply

If workers compensation doesn’t apply in your case, there are other avenues for claiming compensation for an e-scooter injury.
You might make a personal injury claim if you were hit by an e-scooter. Or, as a rider, if:

  • a car hit you
  • you hit an object that shouldn’t be there
  • a person or dog walked out in front of you.

In relevant situations, you might make a claim for personal injury or public liability compensation against the:

  • e-scooter manufacturer
  • sharing service company
  • local council
  • owner of the property where the accident occurred
  • the ‘at fault’ party’s CTP or public liability insurer (if it exists).

Getting legal help with e-scooter accident claims

As insurance and compensation schemes for e-scooter riders are unregulated, getting workers compensation for e-scooter accidents can be complicated and time consuming. Which isn’t ideal when you’re recovering from a serious injury!
Let us take the burden from you. We’ll investigate your options, negotiate with insurers and get you the compensation you deserve. Contact our workers compensation lawyers today to see how we can help with claiming workers compensation for e-scooter accidents!

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