What is considered in making a ‘journey claim’?
In the 2014 case of Dewan Singh and Kim Singh t/as Krambach Service Station and Wickenden, a worker had a motor vehicle accident when driving home in the dark after late work hours. It was discovered that her employer’s requirements to work late hours, which led to the worker having to travel in poor conditions is a ‘real and substantial’ connection to the incident and employment.
When is compensation not payable?
There are some situations where a worker will not be able to claim compensation for an injury sustained travelling to or from work. This will be the case if:
- The injury is the result of serious and willful misconduct by the worker.
- The worker was under the influence of alcohol or any other drug, unless the alcohol or other drug did not contribute in any way to the injury, or was not voluntarily consumed.
- The injury resulted from a preexisting medical condition of the worker and the journey did not cause or contribute to the injury.
- The worker sustained the injury during an interruption or deviation from their journey, but that interruption or deviation is unconnected with the worker’s employment or the purpose of the journey.
Time limits and the need for legal advice
A worker has six months from the date of the incident to submit a claim.
In order to have all you need to make a compelling case for compensation, it’s highly advisable to consult experienced Parramatta personal injury lawyers. Through an initial free, no-obligation appointment we will thoroughly assess your case for a claim and promptly advise on its chances of success. We will help you with gathering evidence to support your claim and ensure it is lodged within the allowed time limit, so call us today on 1800 431 542.