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Accident Compensation Act 2001

Cover - Key terms relating to cover

29: Personal injury that is both work-related and motor vehicle injury

You could also call this:

“When you get hurt at work and in a car: deciding what type of injury it is”

Sometimes, you might get hurt in a way that could be called both a work-related injury and a motor vehicle injury. Here’s how to tell which one it is:

If you get hurt while travelling to or from work, or to or from a place where you’re getting treatment, it’s considered a work-related injury, not a motor vehicle injury. This is true even if a motor vehicle was involved.

On the other hand, if you get hurt while you’re actually at work or doing something for work, and a motor vehicle is involved, it’s considered a motor vehicle injury, not a work-related injury.

No matter which type of injury it is, you can still get money to help you for the first week after you’re hurt. This is called first week compensation.

Remember, if you want to know more about the exact situations that count as work-related injuries, you can look at section 28(1)(c) or (d) of this law. For more information about what counts as injuries at work involving motor vehicles, you can check section 28(1)(a) or (b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100925.

Topics:
Work and jobs > Workplace safety Health and wellbeing > Healthcare services
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28: Work-related personal injury, or

"Getting hurt at work or while doing job-related tasks"

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Part 2 Cover
Key terms relating to cover

29Personal injury that is both work-related and motor vehicle injury

  1. An injury is a work-related personal injury, and is not a motor vehicle injury, if it—

  2. falls within the definitions of both work-related personal injury and motor vehicle injury; but
    1. is suffered in the circumstances described in section 28(1)(c) or (d) that relate to travel to or from employment or a place of treatment.

      1. An injury is a motor vehicle injury, and is not a work-related personal injury, if it—

      2. falls within the definitions of both motor vehicle injury and work-related personal injury; but
        1. is suffered in the circumstances described in section 28(1)(a) or (b).

          1. However, a person is entitled to first week compensation if either subsection (1) or subsection (2) applies.