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Workers' Compensation Journey Claims QLD for Travel to, from or for work

Employees who are injured in a motor vehicle accident on Queensland roads while travelling to or from work or for work-related purposes may be eligible to make workers’ compensation journey claims through WorkCover Queensland.

Depending on how the work-related injuries happen, an impacted worker may also be eligible to seek compensation for a car accident. However, it can be complicated to meet the strict eligibility requirements and understand your entitlements, including the available workers’ compensation benefits.

The Workers Compensation Lawyers QLD offer a free case review to explain your eligibility for a journey claim and the strict time limits that apply under compensation schemes. Furthermore, all our work injury legal services are funded on a 100% no-win, no-fee basis. Pay only after a win and zero if you lose. It’s free to know your options.

QLD WorkCover Claims for Work-Related Travel

You could be eligible to claim compensation from WorkCover for injuries sustained while:

  • Travelling to or from work
  • Or travelling for work-related reasons

Section 36 of the Workers’ Compensation and Rehabilitation Act 2003 explains the specific circumstances under which an employee can make a journey claim (which are outlined below).

A free case review from our work injury lawyers can explain how these apply to your circumstances. It’s free to know where you stand. Call 1800 575 023

In Queensland, different compensation schemes apply depending on how the injury occurred. Generally, people injured while travelling to and from work, they could be eligible for both a workers’ compensation journey claim and a motor accident claim for the same crash.

  • Workers’ compensation can provide immediate medical expenses coverage and weekly benefits during recovery.
  • CTP claims may deliver additional compensation for permanent injuries, including economic and non-economic losses

When the at-fault driver cannot be identified or lacks insurance, motor vehicle accident claims may be pursued against the QLD Nominal Defendant, though strict notification deadlines apply.

Our team of workers’ compensation lawyers provides free initial legal advice to residents throughout Queensland. Our free legal case review can explain the following:

  1. Eligibility for workers’ compensation journey claims and motor vehicle accident claims
  2. Our 100% no-financial-risk policy
  3. The strict time limits for a journey claim
  4. The WorkCover claims process 
  5. The next steps 

Pay only for a win and zero if you lose. It’s free to learn your options. Call 1800 575 023

Workers Compensation Journey Claim QLD icon

What is a Journey Compensation Claim?

Under the Queensland workers’ compensation scheme, a journey claim refers to compensation sought by an injured worker harmed while:

  • Travelling to or from their workplace
  • Or during work-related travel

This type of WorkCover claim extends workers’ compensation cover to include injuries that happen during these journeys, provided there is a real and substantial connection to their employment.

WorkCover can also cover your travel to and from medical or other treatment appointments linked to an existing WorkCover claim.

  • Essentially, a journey claim recognises that commuting and other job-related journeys expose workers to similar risks they face at their regular workplace.
  • Journey claims provide compensation for lost wages and medical expenses associated with the injury if approved.
  • Journey claims operate under individual state and territory Workers’ Compensation Acts across Australia, with each jurisdiction maintaining unique coverage rules and eligibility requirements.

Workers’ compensation journey claims typically cover several categories of work-related travel:

  • Daily commuting between the workers’ home and their workplace on direct routes
  • Work errands and off-site meetings when officially directed by employers
  • Multi-worksite travel, including trips to training facilities and job sites
  • Employer-directed travel, such as regional business trips, work conferences and events
  • Medical appointment travel for treating existing work-related injuries
  • Travelling is your job, like train, bus, tram and delivery drivers
  • While on a lunch break

Eligibility relies on establishing that the journey serves a work-related purpose and maintains a real and substantial connection to employment responsibilities.

Regular workers’ compensation claims only cover injuries that occur at your workplace, but journey claims cover injuries that happen during reasonable work-related travel, including to and from work.

The injury must still occur during or in the course of employment, but the definition of place extends beyond the physical boundaries of your usual work site.

100% No-Win, No-Fee Work-Related Motor Accident Advice

If you suffer a personal injury while travelling for work, you could face a financial loss that makes the cost of legal advice unaffordable.

The Workers’ Compensation Lawyers QLD offer a genuine 100% no-win, no-fee guarantee for all WorkCover Queensland legal services. Our no-financial-risk policy means the following:

  • It’s free to get started
  • We cover medical assessments and reports until the settlement
  • Pay only after a win and nothing if you lose
  • Capped legal fees with no uplift or success fees
  • We cover rehab expenses for our valued clients

Our team of personal injury solicitors can explain your eligibility for No-Fee funding during a free case review. Call 1800 575 023

When Are Journey Claims Covered?

Journey claim eligibility depends on:

  1. How the accident happened
  2. And proving a real and substantial connection between employment and the injury.

Consequently, workers’ compensation insurers closely examine this link to ensure claims genuinely originate from work-related travel rather than purely personal activities.

To successfully claim compensation under journey provisions, three key criteria must be met:

  1. Employment Necessity: Travel must be a necessary part of employment or specifically directed by the employer. This includes situations where the employer expects workers to travel as part of their regular duties.
  2. Direct Route Requirement: Workers must generally follow the most direct route between locations, without making significant personal deviations from the normal route that would break the work-related connection.
  3. Timing Considerations: Journeys to or from work should happen within reasonable timeframes before or after work hours, without major interruptions that serve purely personal purposes.

Certain occupations and circumstances commonly qualify for journey claim compensation. Here are some examples:

  • Emergency services personnel, including police officers, paramedics, and firefighters who are responding to calls or travelling between stations. In this situation, these occupations typically do not require a real and substantial connection to qualify for compensation.
  • Rural workers who must travel on country roads to reach remote worksites, particularly where long distances are a part of their job.
  • Coal miners and remote workers travelling to distant work locations where the journey itself poses occupational risks.
  • Healthcare workers travelling between multiple medical facilities or making house calls.
  • Training school attendees when employer-mandated training requires travel to specialised facilities

Journey claim coverage typically begins when workers leave their home boundary and continues until reaching the employer’s workplace boundary – in both directions—and may include:

  • Travel for work purposes, provided workers remain on reasonable routes
  • Multiple workplace scenarios where employment requires travel between different employer premises
  • Work break situations, such as returning home for lunch when this forms part of the normal work routine (though not a journey claim is covered by section 34 of WRCA)

Coverage generally stops when there are substantial interruptions or deviations due to personal reasons; however, brief stops for necessities, such as fuel, can still qualify.

When Can You Not Make a Journey Claim

Under QLD workers’ compensation laws, there are three primary reasons why an injured worker can be excluded from making a journey claim.

  • Substantial Route Deviations: Taking significant detours for personal errands, shopping, or non-work activities can break the employment link. However, minor deviations for necessities or a reasonable route can still qualify for a claim.
  • Significant Delays: Major delays for purely personal purposes, or a substantial interruption during the work-related journey often result in claim rejections.
  • Mixed-Purpose Travel: Journeys that combine work and substantial personal elements require careful consideration to determine whether the work purpose remains a significant contributing factor.
  • Illegal Driving Behaviour: Driving under the influence, excessive speeding, or other serious traffic violations at the time of the accident typically voids journey claim entitlements.
  • Unauthorised Vehicle Use: Using personal vehicles for work travel without proper authorisation or outside approved parameters can result in coverage denial.
  • Insufficient Work Relationship: Failing to establish that the journey was necessary for employment or directed by the employer commonly leads to rejection.
  • Personal Travel Misrepresentation: Attempting to claim compensation for injuries incurred during purely personal travel undermines the credibility of the claim and may result in allegations of fraud.

As shown above, receiving compensation for injuries acquired during work-related travel required meeting multiple legal criteria. The Workers’ Compensation Lawyers QLD can explain your eligibility during a free case review. It costs nothing to know where you stand.

WorkCover Journey Claims vs Motor Vehicle Accident Claims

Both workers’ compensation journey claims and motor vehicle accident claims offer compensation for collisions on QLD roads, and you may be eligible for both. But there are key differences.

1. Proving Fault

The QLD workers’ compensation scheme operates on a no-fault basis, meaning injured workers can claim compensation regardless of who was responsible for the accident.

In contrast, motor vehicle accident claims through Compulsory Third Party (CTP) insurance require proof that another party was at fault for the road accident.

Journey claims usually cover:

  • Medical treatment
  • Lost wage
  • And rehabilitation benefits

However, road accident claims consider additional compensation damages, such as:

  • Journey claims focus on the work-related connection
  • Motor vehicle accident claims examine fault, negligence, and the circumstances surrounding the accident itself

Compensation Entitlements for Journey Claims

Successful journey claimants may be eligible for compensation benefits that cover the loss related to a personal injury and the recovery process. In Queensland, journey claim compensation typically covers medical treatment expenses such as:

  • Hospital and emergency care costs incurred immediately following the accident
  • Ongoing medical treatment including specialist consultations, diagnostic tests, and prescribed medications
  • Rehabilitation treatment such as physiotherapy, occupational therapy, and psychological counselling
  • Medical equipment, including mobility aids, braces, and other necessary devices

Coverage typically continues until the injured worker has reached maximum medical improvement or returned to full work capacity.

Lost Wages Compensation: Workers compensation provides weekly benefits calculated as a percentage of pre-injury average weekly earnings.

Return-to-Work Support: Compensation may include graduated return-to-work programs, retraining costs, and workplace modifications to facilitate your return to employment.

More about work injury calculations

Illustration of a QLD workers compensation calculator

Lump Sum Compensation for Work-Related Travel Injuries

Depending on the degree of permanent impairment, you could qualify for a WorkCover settlement, which is a one-time lump sum payment that finalises a workers’ compensation claim.

  1. Common Law Compensation

When you can prove employer negligence and state laws allow, further compensation may be available by making a common law claim, which considers damages for pain and suffering as well as economic and non-economic losses.

Time Limits for QLD Journey Claims

Time Limits vary depending on your circumstances. Claims for common law damages generally have a three-year time limit; however, shorter deadlines apply to statutory claims, as outlined below.

  1. WorkCover Journey Claims: There are strict time limits for lodging journey claims, typically within 6 months of the injury in Queensland and becoming aware its connection to employment.
  2. Motor Vehicle Accident Claims: Notification must be made within 9 months of the accident, or within one month of consulting a lawyer about making a claim.
  3. Nominal Defendant Claims: When pursuing claims against unidentified or uninsured drivers, notification must occur within 3 months of the accident date, or 9 months with an accepted reason for the delay.

Important to Note: There are very few exceptions to these time limits. So, if you miss a deadline, you could lose your right to compensation forever.

The Workers Compensation Lawyers QLD can explain the time limits that apply to your circumstances during a free case review. Call 1800 575 023

  1. Seek Urgent Medical Attention: Then begin your recovery by following all hospital instructions and keeping detailed records of your treatment.
  2. Notify Your Employer: About the injury as soon as possible. Delays in reporting can jeopardise a workers’ compensation claim and may be viewed negatively by insurers.
  3. Document the Incident: Make notes about the accident circumstances, including the time, location, weather conditions, and witness details.

In Queensland, personal injury laws protect your right to seek legal advice about your eligibility to make a journey claim and your entitlements.

Workers’ compensation journey claims require evidence to prove a case, which can include the following:

  • Workplace injury reports, emails, and other correspondence
  • Records of medical and rehabilitation expenses
  • Police reports and expert assessments
  • Photos and video of the accident scene
  • Witness statements

To lodge a journey claim, the injured worker typically needs to submit a completed WorkCover claim form to their employer’s workers’ compensation insurer. Once accepted, they will receive benefits including treatment support, weekly income payments, and a permanent impairment payout (for eligible applicants).

The workers’ compensation insurer will evaluate your claim based on:

  • Whether the journey meets eligibility criteria for a transport accident
  • The strength of the employment connection
  • Medical evidence supporting your injury claims
  • Compliance with reporting timeframes

This assessment process can involve requests for further information or independent medical examinations.

If a journey claim is rejected, the injured worker has 3 months to lodge an Application for Review with the Workers’ Compensation Regulator.

Making a Journey Claim: Step-by-Step Process

Here are the steps for WorkCover journey claims in Queensland.

Legal Advice for Journey Claims

Journey claims can involve complex legal and factual issues, which can make the claims process challenging. Seeking legal advice can help you understand your rights, especially in these circumstances.

  1. Immediate Post-Injury: A workers’ compensation lawyer can offer early advice on how to meet reporting requirements and adhere to relevant deadlines.
  2. Claim Disputes: If the workers’ compensation insurer denies or undervalues a journey claim, legal guidance can clarify how to dispute their decision.
  3. Dual Claim Scenarios: An experienced personal injury lawyer can help you understand your eligibility for both workers’ compensation and motor vehicle accident claims.

Free Claim Review

The Workers Compensation Lawyers QLD offer a free case review that can explain your rights and entitlements when injured at work.

All our personal injury legal services come with a genuine no-win, no-fee, no-risk guarantee. Pay only after a win, and zero if you lose. It’s free to know where you stand. Call 1800 575 023

In Queensland, the Workers’ Compensation and Rehabilitation Act protects your right to seek compensation if you are injured while travelling to or from work, when you meet the eligibility requirements.

A real and substantial connection means a proven link between your employment and the accident that caused the worker’s injury during the course of a journey.

Some occupations do not require a real and substantial connection, as travel is a necessary part of their job, such as paramedics, police officers, firefighters, or emergency services volunteers.

The QLD workers’ compensation scheme includes journey claims. As a result, employees may be entitled to claim for a motor vehicle accident that happens in the course of their employment.

You may be eligible for WorkCover benefits while travelling overseas, as long as you meet the requirements, which can include:

  • Notifying WorkCover of your travel plans
  • Medical certificates can be required in Australia and while overseas
  • If you travel for more than 28 days, you may need additional proof of work incapacity
  • WorkCover may cover treatments while overseas with prior approval, but a self-insurer could have different requirements.

Workers Compensation Journey Claim QLD FAQs

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