For many Australians, travelling to and from work is a daily routine. However, if an injury occurs during this commute, the situation can become complex with respect to entitlement to workers compensation. Journey claims provide compensation for workers injured while travelling to and from work or during work-related travel. However, these claims vary significantly across Australia, with each state and territory operating under distinct regulations and coverage policies.
In this guide, we will break down the key aspects of journey claims in different Australian states to help workers and employers better understand their rights and responsibilities.
Queensland’s Worker Protection Framework
Queensland is renowned for its broad and inclusive approach to journey claims. The state offers some of the most extensive coverage for workers under the Workers’ Compensation and Rehabilitation Act. If you work in Queensland, the protection during your daily commute and travel is robust, including:
- Daily Commute: Travel between home and work—whether by car, public transport, bicycle, or even on foot.
- Educational Travel: Travelling for training, educational courses, or professional development programs mandated by the employer, which extends to both full-time and part-time study arrangements.
- Multiple Worksites: Travel between different work locations during the day, such as client sites, temporary workplaces, or multiple office locations.
- Medical Travel: Travel for medical appointments as part of your workers’ compensation claim, such as for specialist consultations or rehabilitation sessions.
- Employer-Directed Travel: Includes conferences, meetings, or work-related social events.
Additionally, Queensland workers may lodge both workers’ compensation claims and Compulsory Third-Party (CTP) insurance claims if the accident was caused by another driver. This dual-claim option significantly increases the compensation potential for those injured during their commute or work-related travel.
NSW Employment Connection Requirements
New South Wales (NSW) takes a more cautious approach when it comes to journey claims. Since 2012, workers must establish a “real and substantial connection” between the injury and their employment for their journey claims to be successful. This means simply commuting to and from work may not be enough; the worker must demonstrate that the injury was work-related in some way.
Documentation and Evidence Standards
Key aspects of journey claims in NSW include:
- Employment Connection: The worker must show that the injury occurred as a result of their job, whether they were carrying work-related equipment or responding to work-related communications while commuting.
- Case-by-Case Evaluation: Claims are assessed individually, taking into account factors like the timing of the journey, the route taken, and any work-related circumstances that may have contributed to the injury.
- Evidence and Documentation: Workers in NSW need to provide thorough documentation to support their claims, including witness statements, confirmation from the employer, and medical reports.
- Reasonable Travel Time and Route: The journey must be a reasonable and direct route between home and work, within timeframes that align with the worker’s work schedule.
A notable case in NSW involved a Woolworths employee who was successfully awarded compensation after being attacked by a bird while in the work carpark. The case set a precedent by showing that injuries occurring in employer-controlled areas could meet the “connection” requirement, even if they occurred outside of the worker’s usual commute.
Victoria’s Dual Coverage System
Victoria has a unique system when it comes to journey claims. The state operates a dual system where compensation can be covered by either the Transport Accident Commission (TAC) or WorkCover depending on the type of injury and the travel circumstances.
Coverage Framework Overview
- TAC Coverage: Regular commutes to and from work are covered by the TAC, which is the state’s dedicated vehicle accident insurance scheme. If you’re involved in a road accident during your commute, you may be eligible to make a TAC claim.
- WorkCover Coverage: For injuries sustained during work-related travel, such as inter-site travel, travelling for client meetings, attending work-related events, or when an employer directs travel for medical visits, WorkCover applies.
Knowing which system covers your journey claim is important, as the claims process, compensation entitlements, and benefits differ significantly between the two systems.
Western Australia’s Specific Provisions
In Western Australia (WA) sustaining injury while travelling to and from work is generally not covered by workers’ compensation, offering more limited coverage for journey claims compared to other states. However, there are still specific circumstances under which workers can make a journey claim. These include:
- Work-Related Travel: Travel for business purposes, including flights, client meetings, and interstate or international trips, is covered.
- Emergency Response: On-call workers in essential services are eligible for compensation when responding to emergencies.
- Worksite Travel: Injuries sustained while moving between worksites during working hours are covered.
Although WA has strict limitations for journey claims, workers may still be entitled to compensation for travel that is a required part of their employment.
Additional Coverage Pathways
In cases where journey claims are unavailable or do not apply, workers have other alternatives for compensation:
- CTP Insurance: If you are involved in a motor vehicle accident while commuting, you may be eligible to claim through Compulsory Third-Party (CTP) insurance.
- Public Liability: If your injury occurs in a public space or private property that is not directly related to work, a public liability claim may be an option.
- Personal Accident Insurance: Workers with private insurance policies may be able to claim under these policies for compensation.
- Income Protection Insurance: If you are unable to work due to injury, income protection insurance can provide a financial safety net.
Benefit Entitlements Overview
When a journey claim is successful, workers are usually entitled to the following benefits:
- Weekly Payments: To replace lost income based on pre-injury average weekly earnings. The amount and duration depend on the severity of the injury.
- Medical Benefits: These cover the cost of treatment, rehabilitation, medications, and any medical equipment that is reasonably necessary to aid recovery.
- WPI Lump sum payment: If a medical practitioner specialising in the field of your injuries assessed you with more than 10% whole person impairment (WPI) you may be entitled to compensation.
- Additional Entitlements: Vocational rehabilitation to assist with returning to work, and care assistance if needed.
Legal Support and Next Steps
Journey claims are a critical part of workers compensation in Australia, however, the eligibility and coverage vary significantly across different states and territories. Understanding the specific rules and requirements of your state is essential for navigating the claims process and ensuring you receive the compensation you are entitled to. Wherever you live in Australia, knowing your rights and options can help you manage the complexities of these claims effectively.
If you’ve been injured during your commute to work or while on work-related travel, our experienced Compensation Lawyers can guide you through the process. We offer expert advice and assistance tailored to your specific state’s laws, ensuring that your claim is handled efficiently and effectively. With 35 years of experience in compensation law and more than 5000 Australians helped, we are committed to securing the best possible outcome for your claim. Get a free online claim check or book a free consultation today.
