You could claim workers’ compensation in Queensland when you are injured travelling for work purposes, including travel to or from your workplace and other work-related trips.
When claiming personal injury compensation for work-related travel, you make a “journey claim”.
You could also have a WorkCover claim if your employer influenced your accident. For example, they asked you to travel quickly to meet a deadline, or they asked you to work long hours and then made you drive somewhere while you were fatigued.
When you are harmed during work travel overseas or interstate, you could have a valid journey claim if your job contributed significantly to your injury.
NOTE – if you have recently resigned from your employment, you could still be eligible for a journey claim.
What is a WorkCover journey claim?
A journey claim is a work injury compensation claim when a work travel accident causes you an injury. For example, you might have a car accident driving to or from your job while using your own or a company vehicle for work purposes. Journey claims are “no-fault”, so you do not need to prove who was liable for causing you harm.
How do I have a successful WorkCover work-related travel claim?
To have a successful WorkCover journey claim for work-related travel, you must:
- Be defined as a worker by the Workers’ Compensation and Rehabilitation Act 2003.
- You must have already started your work trip without deviation or lengthy delays.
So, you don’t have a journey claim if you are injured at home before starting your trip to work. However, you could have a public liability claim if you are harmed while at another property (e.g., a privately owned property or rental dwelling).
There are other eligibility criteria, such as:
- You must lodge within the required time frame
- There was no illegal activity that facilitated the accident (like breaking road rules)
What if I am already on workers’ compensation and have a car accident?
Suppose you suffer a further injury while travelling to or from your medical or rehabilitation provider, and you are already receiving WorkCover payments. In that case, you will be entitled to make a journey claim for your loss.
You might also be eligible to make a common law claim, depending on the circumstances of your road accident and who was at fault.
What is the journey compensation claim process?
- Seek urgent medical attention and begin your recovery
- Retain an expert journey claim compensation lawyer. They will help you take the correct steps to achieve your desired outcome.
- Ensure you meet the legal definition of a worker. Splatt Lawyers will let you know this for free.
- Collect evidence – All compensation claims rely on expert assessments and reports, and your lawyer will work with you to create a compelling case.
WorkCover might reject your journey claim if:
- You committed an illegal act, and this contributed to your accident.
- There was a substantial delay prior to starting your journey
- There was a significant deviation or disruption to your trip
What compensation do I get for a journey claim?
When you are injured and can’t work but need to pay your bills and fund medical rehabilitation, your WorkCover benefits help pay your debts. When you have a successful compensation claim for a work-related travel accident, you could receive the following:
√ Weekly payments for your lost wages
√ Medical treatment expenses cover
√ Rehabilitation expenses reimbursement
√ Travel costs related to your medical care
When your injuries are stable and close to the end of the workers’ compensation process, you will receive a whole-person impairment assessment. You might be offered a WorkCover lump-sum payout. At this time, you must seek legal advice. Accepting the lump-sum offer will preclude you from making a common law claim.
How can Splatt workers’ compensation lawyers help me?
Our experienced WorkCover lawyers have supported Queenslanders with work-related injury claims for nearly three decades. People love our 100% No Win, No Fee funding policy, which means;
√ It’s free to start your case
√ You pay our fees and costs when you win
√ Pay nothing if you lose
√ We fund your medical assessments and reports
√ We support your rehabilitation costs
Once we win your case, we recover these fees, but if you lose, you owe nothing. This is the Splatt Lawyer’s No Win, No Fee, No Risk guarantee. Call now 1800 700125.