On the road again – what happens if you have a car accident on the job?

The role of a real estate agent is one that typically involves clocking up a significant number of kilometres in their day-to-day work.

They are required to drive to see clients and properties as well as to explore and investigate locations of interest.

It is not the kind of job that can be done successfully by solely working from a desk.

Therefore, real estate agents are arguably more at risk of being involved and injured in motor vehicle accidents during their work.

This article focuses on the rights of real estate agents in NSW to compensation when they are involved in a motor vehicle accident.

Just like other workers who are required to drive as part of their work, if a real estate agent is injured in a motor vehicle accident during the course of their work, they should seek legal advice about lodging a compensation claim. 

In the first instance, they should seek advice about lodging a workers compensation claim with their employer’s workers compensation insurer. 

There are also some situations where a person injured in a motor vehicle accident during the course of their work may also be entitled to compensation as part of the NSW motor vehicle accident compensation scheme. This is mainly dependent on the severity of the injuries. 

This includes, for example, accidents that occur during an ordinary break (such as a designated lunch break) from work or during travel for work, such as hosting an open home inspection or meeting with clients at their property in preparation for an auction.

There must be a real and substantial connection between the real estate agents’ work and the accident that caused their injuries. 

The entitlement to compensation applies to “workers” and the term “worker” is used interchangeably with the term “employee”.

Where there is an arrangement involving a real estate agent who is not technically an “employee”, this does not necessarily mean they are not entitled to compensation.

The law deems certain people to be employees for the purpose of claiming compensation, even if they are not strictly an employee.

The compensation available involves the payment of reasonable and necessary treatment expenses as well as lost wages.

There is also scope for compensation to be paid for permanent impairments/disabilities, and pain and suffering experienced by the injured person, as well as potentially their loss of income and work capacity into the future in certain situations, as well as their loss of superannuation. 

Anyone injured in an accident should keep detailed records of their expenses and losses, as well as their ongoing symptoms, restrictions and disabilities resulting from their injuries.

In addition, anyone injured in a motor vehicle accident should seek medical treatment immediately and ensure they follow reasonable medical advice and recommendations regarding the steps to take to address their injuries.

In fact, the law requires injured people to mitigate the loss and damage they suffer as a result of an accident, and this includes following through with reasonable medical treatment. 

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Rita Yousef

Rita Yousef is an accredited specialist in personal injury law.


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