What is a journey claim?
Were you aware that in New South Wales (NSW) you may be protected by workers’ compensation when travelling to and from work if there is a real and substantial connection between the accident that caused your injury and your employment. These matters are called “journey claims”. This guide explains when commute injuries are covered, which occupations in NSW are definitely covered, and other situations where journey claims may apply. For help, see Jameson Law – Workers Compensation.
Under NSW workers’ compensation laws, your journey to work begins when you leave home and continues until you arrive at your employer’s premises.
Your employer’s boundary is not limited to a single shop, office or site. It can include shared areas such as shopping centres, office buildings and car parks that form part of the approach to your workplace.
What does ‘real and substantial connection’ mean?
A “real and substantial connection” means there must be a strong, specific link between the employment and the accident, beyond simply travelling at the time. You need to show a concrete work-related reason that connects your job to the incident.
For example:
- You are required to work late on a project and, while driving home in a storm with poor visibility, you are involved in a serious crash.
- You are called in at short notice and, hurrying to make your start time, you trip on stairs at the train station.
Some occupations do not need to prove this connection for journey claims. These include:
- Coal miners
- Police officers
- Paramedics
- Firefighters
- Emergency services volunteers
See the official guidance at SIRA NSW – Work break and journey claims and the legislation: Workers Compensation Act 1987 (NSW) s 10.
What if I was injured on my lunch break?
A lunch break is an “authorised recess”. Provided you are not engaged in an unauthorised and reckless activity, you may be eligible for compensation even if injured away from the employer’s premises.
For example, if you are an office worker and you trip and seriously injure your wrist during a regular lunchtime soccer session with your company’s team, you are likely to be covered.
However, if you engage in an unauthorised reckless activity not encouraged by your employer, such as a tackle football game in a nearby park, cover is unlikely.
Get legal advice
Compensation law is complex and subject to strict rules and time limits. Seek advice early from an experienced compensation lawyer. Contact Jameson Law for a confidential consultation or call (02) 8806 0866.
Sources:
SIRA NSW – Work break and journey claims
Workers Compensation Act 1987 (NSW) s 10
