A car crash on the morning commute. A fall on the way to the station after a late shift. Many workers assume that workers’ compensation covers an injury on the way to or from work. In NSW, it is not that simple.

The rules for journey claims changed in June 2012 and are now much stricter. This article explains when a journey injury may be covered, what the legal test involves, and what to do if you are hurt.

What is a journey claim?

A journey claim is a workers’ compensation claim for an injury on a trip connected with your job, rather than at your workplace. Under section 10 of the Workers Compensation Act 1987 (NSW), journeys that can be covered include travel:

  • Between your home and your workplace
  • Between your home or workplace and a place of study that your job requires you to attend
  • To get medical treatment, or to receive compensation payments, for a work injury
  • Between jobs with different employers

Your journey starts and ends at the boundary of the land where you live. An injury inside your home or on your own property is not part of the journey.

The real and substantial connection test

For injuries on or after 19 June 2012, a journey between home and work is only covered if there is a real and substantial connection between your employment and the accident or incident that caused your injury. The test looks at the accident, not just the injury.

Simply being on your way to or from work is not enough. In some decisions, needing a car to get to work was not enough on its own. Something of substance must link your employment to what happened.

Factors a lawyer may consider include:

  • Whether your employer required you to travel in a particular way or at a particular time
  • Whether you were carrying work equipment or doing something for your employer on the way
  • Whether the circumstances of the accident relate to your work duties

Each case depends on its own facts, which is why a lawyer’s assessment matters.

A simple example

Imagine a worker who is injured in a crash on the drive home after a late shift. Whether workers’ compensation covers the injury depends on whether a real and substantial connection between the job and the accident exists, not just the fact that she was commuting.

The same crash may also be a CTP claim, because a motor vehicle was involved. A lawyer would review the facts to decide which scheme, or schemes, to use and would ensure the right deadlines are met.

When a journey is not covered

  • A significant detour or interruption unrelated to the journey, such as a personal errand
  • An injury before you leave home or after you arrive home
  • A journey where a real and substantial connection cannot be shown

NSW law treats certain workers, including police officers, paramedics and firefighters, differently, so different rules may apply.

Travelling for your job is different

If you are injured while travelling as part of your work, such as driving between client sites or making deliveries, you may be covered as a standard work injury rather than a journey claim, as long as the injury arose out of or in the course of your employment. The journey rules mainly apply to ordinary commuting.

What if a motor vehicle was involved?

If you were hurt in a motor accident on the way to or from work, you may also be able to claim under the NSW CTP scheme. CTP statutory benefits are generally available regardless of who was at fault. A lawyer can help you work out which scheme applies and make sure you meet the deadlines in each. 

How to make a journey claim workers compensation NSW

  • Get medical help and ask your doctor for a SIRA Certificate of Capacity.
  • Tell your employer as soon as possible. Your employer must notify its insurer within 48 hours.
  • Lodge a workers’ compensation claim form with your employer or the insurer.
  • Keep a record of the journey, the incident and anything connecting it to your work.
  • Get legal advice early.

The law generally requires a claim to be made within six months of the injury. Once the insurer has a completed claim, it usually has 21 days to accept or dispute it, and in many cases provisional payments can start within 7 days. If the claim is disputed, the Personal Injury Commission can resolve the dispute.

What can workers compensation cover?

Depending on your situation, workers compensation can cover reasonable medical and treatment expenses, weekly payments while your capacity for work is reduced, and, in some cases, lump sum compensation for permanent impairment.

Frequently asked questions

Is a car crash on the way to work covered by workers’ compensation?

Only if there is a real and substantial connection between your employment and the accident. If not, a CTP claim may still be available.

What if I stopped on the way?

A short, reasonable stop may not affect cover, but a significant detour can. Tell your lawyer exactly what happened.

Should I tell my employer even if I am unsure it is a work claim?

Yes. Tell your employer as soon as possible. You can determine the claim type later.

What if my claim is denied?

You can dispute the decision through the Personal Injury Commission. Get advice quickly, because time limits apply.

How AJB Stevens can help with a journey claim workers compensation NSW

Journey claims turn on detail, and insurers often dispute them. Our experienced compensation lawyers can assess whether you have a real and substantial connection, explain your options, and manage the claim for you. Our Resolution Plus+ claims management system is designed to keep your matter moving and keep you informed.

Speak with the team at AJB Stevens today for a free initial consultation. 

This article provides general information only and is not legal advice. Every situation is different, so please speak with a lawyer about your circumstances.