Journey claims
A worker may be able to make a claim for injuries suffered in the course of most journeys (without significant interruption or diversion) to and from the worker’s:
- home (place of abode) and place of employment
- home, place of employment and educational institution if it is required for the worker’s employment
- home, place of employment and any other place the worker is required to attend for work-related reasons.
A worker will not be able to receive compensation for a journey claim if there is ‘serious and wilful misconduct’ by the worker. For example, if a worker is involved in a car accident on the way home from work and is found to be under the influence of alcohol or other drugs which contributed to an injury sustained in the car accident.
With car accidents the worker may have the option of claiming either workers compensation for personal injury or through compulsory third party (CTP) if another driver is found to be at fault.
Only personal injury to the worker can be claimed on a workers compensation journey claim, no vehicle or property damage can be claimed.
A worker may be able to make a claim for injuries received during an ordinary work break (eg morning tea or lunch break) or authorised temporary absence. However, the worker must not subject him or herself to ‘any abnormal risk of injury’ during a work break or authorised absence.
Call 13 10 50 for more information about journey and work break claims.