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.
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You could be eligible to claim compensation from WorkCover for injuries sustained while:
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.
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:
Pay only for a win and zero if you lose. It’s free to learn your options. Call 1800 575 023
Under the Queensland workers’ compensation scheme, a journey claim refers to compensation sought by an injured worker harmed while:
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.
Workers’ compensation journey claims typically cover several categories of work-related travel:
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.
Learn your entitlements
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:
Our team of personal injury solicitors can explain your eligibility for No-Fee funding during a free case review. Call 1800 575 023
Journey claim eligibility depends on:
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:
Certain occupations and circumstances commonly qualify for journey claim compensation. Here are some examples:
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:
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.
Under QLD workers’ compensation laws, there are three primary reasons why an injured worker can be excluded from making a journey claim.
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.
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.
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:
However, road accident claims consider additional compensation damages, such as:
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:
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.
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.
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 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.
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
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:
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:
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.
Here are the steps for WorkCover journey claims in Queensland.
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.
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:
WorkCover may cover treatments while overseas with prior approval, but a self-insurer could have different requirements.