There is a common misconception that you can only file a worker’s compensation claim if you were hurt while on site during work hours. You may be eligible for compensation, even if the injury happened while travelling to or from work or while away on a lunch break. These situations would fall under the “journey claims” category.
What is a Journey Claim?
Journey claims are filed when an injury happens while travelling to and from work or during a break. While this type of claim isn’t usually covered, there are certain circumstances that may be eligible under the Workers’ Compensation and Rehabilitation Act 2003 This act qualifies cases where:
- An individual is travelling as part of their work-related duties.
- An individual is travelling between home and their workplace
- An individual is travelling between work and an educational institution as part of an apprenticeship or for other reasons approved by their employer.
These situations are just general guidelines. WorkCover will review all circumstances and evidence to determine if the connection can be made.
Have Journey Claims Been Won in the Past?
Yes, journey claims have been won in the past. The case QComp & John Kennerly v. Qantas Airways LTD involved a worker who suffered an injury after a motorcycle accident. He was traveling to a friend’s house after work where he would be spending the night. The purpose of the stay was so that he could go to the airport in the morning to fly to Sydney to obtain a work visa. The friend’s home was more convenient because it was closer to the airport. The court determined that the journey was work-related and that there was a strong enough connection to justify compensation.
Where Does Responsibility Begin and End?
It is important to note that journey claims have a defined boundary line when it comes to who is responsible. If you are injured inside your home or within the confines of your property, then the claim would not be eligible for worker’s compensation. The journey must have begun, and you must be away from your home. An accident that happens in your garage or on your driveway would not be considered a journey claim.
How Do I Know if My Journey Claim is Eligible for Workers Compensation?
Journey claims can be difficult to prove. The best way to determine if you are eligible for workers compensation is to contact a professional for advice. Carew Lawyers is ready to review your case and provide recommendations on how to proceed. Get in touch today to talk to a legal expert.