The Journey Claim

The Workers’ Compensation and Rehabilitation Act 2003 (Qld) allows employees to lodge a statutory claim when injured travelling (directly*) to or from work.

Known as a “journey claim”, if you are injured while operating a motor vehicle, motorbike, bicycle or even injured whilst walking to work then you may be entitled to apply for workers compensation to cover you whilst you are unable to work as a consequence of your injury.

Although there has been discussion over the last several months regarding a number of WorkCover reforms including the Queensland State Government’s proposal to scrap “journey” claims it has ultimately been decided that “journey” claims in Queensland will not be abolished.

To qualify for a potential journey claim you need to be:

1. An employee
You need to be an employee and if you are not a direct employee and work under your own ABN, or a Labour Hire company, then your position needs to be qualified, which the legislation provides for.

2. Outside the worker’s premises border line
The requirements state that the injury must take place outside the worker’s premises border line and whether the accident occurs on the way to or from work, during work hours on approved duties or between jobs (i.e. travelling from site to site).

For example, in the case of Johnston v Q-Comp (C/20012/2) a nurse who had injured herself falling down her home’s front stairs could not claim compensation as the journey to work had not begun. However, in Kennerley v QComp (C/2012/18) a flight attendant traveling to renew his work visa outside of work hours was compensated for the injuries he suffered.

3. *Substantial deviation
It is not always clear what injuries are compensable and the current exception in the legislation is that injuries will not be compensable if they were sustained during a substantial deviation in the course of travel.

The reason for the deviation, time taken and distance travelled are all taken into account by a court in determining whether there has been a substantial deviation”.

This means that the issue will need to determine on a case by case basis depending on the facts.

The Four Corners episode on safety concerns surrounding the long haul trucking industry describes an incident whereby a man was travelling home from work and stopped to help another man change a tyre.
Both men were killed by a truck driver who fell asleep at the wheel after driving for almost 13 hours straight. The man’s wife was denied workers compensation benefits because once her husband stopped to help the other man it was deemed that he substantially deviated from his journey home, disentitling his estate to benefits.

4. Medical Certificate
In order to claim workers’ compensation benefits you will be required to visit a doctor so that your injuries can be diagnosed and treated and also so that you can obtain a Workers’ Compensation Medical Certificate, which is required when lodging a claim. It is very important that you seek legal advice and assistance from a personal injury lawyer as you may be entitled to a Common Law claim as well as a Motor Vehicle Accident claim which is beneficial for you, your family and your future.

Some of the facts:

• Based on Australian workers compensation data, workrelated road cash injuries are estimated to cost approximately $500 million per year;
• Work-related road crashes account for almost half of all occupation fatalities in Australia and 13% of the national road toll;
• Safe Work Australia related report in 2012 on work-related traumatic injury fatalities for the period 2009 – 2010. During this one year period, of the total 337 work-related fatalities (including community fatalities), 216 people were injured at work, 79 travelling to and from work and 42 were bystanders.

1Carrs-Q, State of the Road: Work-related Road Safety Fact Sheet, 2012