WorkCover Queensland Journey Claims
Are You Covered by WorkCover for Travel to and From Work?
Does WorkCover cover travel to and from work? Many injured workers travelling during their commute question whether they can claim compensation by making a journey claim. WorkCover Queensland may cover such travel-related injuries when strict conditions are met.
Uncovering the fine print, our legal guide explains the following:
- What’s included in journey claims for a motor vehicle accident?
- Claim eligibility for an injured worker, including with an existing workers’ compensation claim
- And the recommended steps if you have a disputed WorkCover journey claim
Free Consultation for Work-Related Accidents
Our WorkCover lawyers offer a free consultation that can explain your eligibility to receive workers’ compensation when injured while travelling to, from or for work purposes.
Seek legal advice from our 100% no-win, no-fee lawyers, knowing that you pay for a win and nothing if you lose, with no upfront costs. It’s free to know where you stand. Call 1800 700 125
About Workers' Compensation Journey Claims
Work-related injuries happen in various locations. In Queensland, a journey claim can provide compensation to employees who suffer an injury while travelling to or from their workplace or while taking a work break.
This type of claim widens the conventional meaning of “in the course of employment” to provide compensation for injuries sustained while travelling for work purposes.
In general, a journey claim refers to a trip, regardless of whether it was outside your usual work location or the type of transport used. Hence, any worker who experiences an accident on the way to or from work (or while travelling for work purposes) may be entitled to claim compensation, as long as:
- The journey was directly between the worker’s home, their workplace or a training school
- Or travel for medical appointments or rehabilitation treatment as part of an existing WorkCover claim
- You travelled for work-related reasons, like a work conference
- There is a real and substantial connection between the accident and your job
- Your employment is a significant contributing factor to how the injury occurred
But what is included in this coverage? Eligibility depends on the type of accident, specifically whether it is a motor vehicle accident.
Car Accidents
WorkCover Queensland is responsible for covering a road accident while travelling for work purposes. This coverage includes accidents that happen while driving:
- A personal vehicle
- Riding a motorcycle
- Being a passenger in a car
WorkCover covers your usual journey, not detours from your usual route for activities unrelated to work. For example, if you stop for coffee while driving to work and have an accident, you are likely not eligible to make a workers’ compensation claim.
Non-Motor Vehicle Accident
WorkCover insurance protects more than motor vehicle accidents. You can also claim workers’ compensation for injuries sustained while:
- Cycling accidents to or from work
- While walking or waiting for public transport.
- Slip and fall accidents during a commute are also eligible for a WorkCover claim.
- If you suffer an assault on the way to or from work, it can be covered under a journey claim with WorkCover Queensland.
The employer’s insurer covers various commuting scenarios, even if the self-insurer covers them.
When Am I Not Covered for a Journey Claim?
However, you are likely not covered when:
- Driving dangerously or while under the influence
- Violated traffic laws
- You had a deviation or substantial interruption to your usual route
- You began your journey after a substantial delay or
- You are still inside your property’s boundaries
What is a Significant Delay or Deviation?
The employer’s insurer could deny a journey claim if you detour from your usual route to or from work. To make this determination, the insurer or the court will consider the following:
- The purpose of making a substantial delay or deviation
- How long was the delay or deviation
- What was the distance between the deviation and your usual route
However, a successful claim is still possible if the delay or deviation was work-related or caused by external factors.
What is the Difference Between Journey Claims and Motor Vehicle Accident Claims?
A CTP insurer is usually liable for injuries sustained on Queensland roads via a motor vehicle accident claim, while WorkCover Queensland is responsible for journey claims.
Workers’ compensation claims in Queensland operate on a no-fault basis, meaning that injured workers can claim compensation regardless of who caused the accident, while motor vehicle accident claims require proof of negligence by another party.
To make a motor vehicle accident claim, the injured worker must provide evidence of the accident, such as police reports and medical records, while for a WorkCover journey claim, the employee must report the injury to their employer and submit a claim form.
Can I Claim Workers' Compensation?
Eligibility to make a journey claim under the QLD Workers Compensation and Rehabilitation Act 2003 requires the claimant to be:
- Classified as a worker
- Under contract
- And recognised as an employee for tax purposes.
In Queensland, the workers’ compensation insurance scheme operates on a no-fault basis, which means you can make a WorkCover claim even when the employee is at fault.
However, every road accident is assessed on a case-by-case basis, and there are qualifying conditions. Workers’ compensation claims are only considered when:
- The injured worker has travelled directly, without significant delays or deviations, between the origin and the work-related destination (a place where your employer expects you to be present).
- And if employment substantially contributes to the injury during non-routine travel.
- They were travelling to a medical appointment for an existing workers’ compensation claim.
- There is a real and substantial connection between your work and the transport accident that caused the injury.
How to Make a WorkCover Journey Claim
Making a successful workers’ compensation claim can be complex, but understanding the process can make it much more manageable. The process includes:
- Reporting the injury
- Attending medical assessments and rehabilitation treatment
- Receiving weekly compensation
- A permanent impairment assessment for serious injuries
- A lump sum common law settlement
Remember that the outcome of workers’ compensation journey claims relies on timely and accurate information.
A QLD compensation lawyer can explain where you stand.
Get Medical Treatment
- Seek immediate medical help to start your recovery.
- A doctor should also give you a Work Capacity Certificate for you to give to WorkCover.
Report the Injury
To make a journey claim, the injured worker must report the injury to their employer as soon as possible and obtain the necessary paperwork, such as a workers’ compensation claim form.
An injury should be reported if it is related to your job and requires medical treatment and/or time off work.
Lodge a Completed Claim Form
Once the injury has been reported, the employer should provide the worker with a WorkCover claim form, which needs to be completed accurately and submitted to WorkCover Queensland for assessment with all the required documents.
Seek Legal Advice
- Seek legal advice from a workers’ compensation lawyer to learn where you stand
- What you do next can impact your eligibility for future claims
Wait for the Insurer's Decision
- The employer’s insurer must make a decision within 20 business days
- There may be a delay if they require more information
- Claims can be denied if the worker was in breach of the law at the time of the injury, such as breaking a road rule while driving.
- In Queensland, if an injury occurs at home before the journey to work has officially started, the claim is likely to be rejected.
Compensation Entitlements for a Journey Injury Claim
- You may be entitled to compensation benefits when you have an accepted WorkCover claim for a journey injury.
- What you receive in benefits for a workplace accident depends on how the accident happened and the type of claim.
Weekly Payments
If you have an accepted workers’ compensation journey claim, you may receive weekly payments that partially replace lost wages.
Medical and Rehabilitation Expenses
WorkCover Queensland covers medical and rehabilitation expenses, travel costs, paid care, weekly compensation benefits, and lump sum payouts for injuries sustained during commutes. You may also be entitled to compensation for future medical expenses, like:
- Surgery
- Therapy
- Prescription drugs
- and travel expenses associated with your treatment
Lump Sum Compensation for Permanent Impairment
- Once work-related injuries have stabilised and are near the end of the claims process, injured employees can request a permanent impairment assessment.
- WorkCover may offer a lump sum payment, depending on your WPI score.
Common Law Claim for Employer Negligence
Beyond a statutory WorkCover journey claim, you may be able to pursue further compensation by making a common law claim.
To be eligible to seek common law damages, you must prove that the employer breached their duty of care and that this failure caused you to be injured while travelling.
A successful common law claim pays lump sum compensation for:
- Pain and suffering
- Medical expenses
- Cost of home care
- Lost wages
- Lost superannuation benefits
Seek advice from a workers’ compensation lawyer regarding your rights, as your choice may compromise your ability to file a future common law claim.
Common Reasons for Rejected Workers' Compensation Claims
You could have a rejected journey claim for the following reasons:
- Illegal actions by the worker while in control of the vehicle
- Major delays before starting the journey
- Substantial interruptions or deviations from the usual journey path
Furthermore, claims can be denied if:
- There is not enough evidence, such as medical reports or witness testimonies
- The claimant fails to comply with policy terms, including necessary medical treatment and adherence to treatment plans
- Insurers dispute the connection of the worker’s journey to their employment duties or question the worker’s status as a ‘worker’ under WorkCover Queensland rules
Appealing a Denied Claim
If a claim is denied, you may have the opportunity to appeal. A decision can be appealed if a claim is rejected due to:
- Journey interruption (a break in the planned route)
- Deviation (a change from the original path)
- A significant delay
However, the likelihood of a successful appeal depends on factors such as the:
- Reason for the delay
- Distance involve
- Length of the application delay
- As well as any journey deviation or interruption
Strict Time Limits and Lodgement Dates
In Queensland, the time limit for lodging a journey claim under the workers’ compensation scheme is typically within six months from the date the injured person first consults a doctor for the injury.
- If the claimant fails to lodge a journey claim within this timeframe, they must provide a reasonable excuse for the delay.
- Common law claims following a motor vehicle accident have a general limitation period of three years if you know the details of the at-fault motor vehicle.
- Otherwise, you must submit your case within nine months of the accident date or one month of meeting with a personal injury lawyer about claiming compensation.
Legal Help for a Journey Claim
In Queensland, you have the right to seek legal advice when considering a journey claim or a common law payout.
- Workers’ compensation lawyers can advise you on your entitlements and WorkCover benefits after you suffer work-related injuries while travelling to, from or for work.
- Furthermore, if you were harmed in a motor vehicle accident or transport accident, you could be eligible to make a CTP claim for further compensation entitlements.
- A lawyer can explain the evidence required to achieve a favourable outcome
Workers' Compensation Journey Claims FAQs
How do I claim WorkCover for injuries sustained on a journey to or from work?
You can make a workers’ compensation claim for an injury that happened during a work-related journey by:
- Notifying your employer
- Seeking treatment from a doctor who should give you a Work Capacity Certificate
- Loading a case with WorkCover
- Then seeking advice about your legal rights
What is the role of the workers' compensation regulator?
- The workers’ compensation regulator is in charge of oversight of the QLD workers’ compensation scheme
- Their role is to make sure it complies with the Workers’ Compensation and Rehabilitation Act 2003
Am I covered by workers' compensation during a lunch break?
Employees are usually covered by workers’ compensation insurance while on an authorised lunch break, even when they are injured somewhere other than their worksite.
Can I claim compensation when injured while travelling to and from work in Queensland?
WorkCover Queensland understands that not every workplace accident happens at your place of employment. Therefore, the workers’ compensation insurer might cover injuries during work-related journeys.
You may also be eligible to claim compensation for other work-related travel, whether it is intrastate, interstate, or overseas.
Can I travel overseas while receiving WorkCover benefits?
Yes, you can travel overseas temporarily while on WorkCover, as long as you get clearance from your medical treatment providers and your WorkCover claims manager.
You must follow the necessary protocol to keep receiving weekly compensation.
What does workers' compensation cover in QLD?
The Queensland Workers Compensation Insurance Scheme (WorkCover) protects both employers and workers who become ill or injured on the job, including:
- Illness or injury sustained at work
- Travelling to or from work and to job sites
- Those related to long exposure to workplace dangers