In Australia, each State & Territory has different workers compensation legislation & therefore the treatment of “Journey claims” (to/from work) vary.
Given the complexities of workers compensation legislation, travelling or Journey claims typically need to be deemed to arise out of or in the course of employment with a real & substantial connection between your employment & the accident. There can be exceptions, such as after-hours work functions, employees who work from the office & home, etc yet in such instances liability (of a workers compensation claim) would be assessed based on a case-by-case basis. Journey Insurance is available for businesses seeking to protect their workers while travelling when not covered automatically by the respective workers compensation insurance.
Some examples are below & if you have questions, please contact us to discuss.
In NSW, journey claims (travelling to & from work) were previously covered yet currently they are “typically” not covered. According to the State Insurance Regulatory Authority (SIRA) website:
Work break & journey claims
If an employee is attending an after-work related function, interstate/overseas trip or conference, your responsibility as an employer still continues into this time. This also extends to workers who continue to work from home.
f you are injured while travelling for the purposes of work, then you may be able to lodge a claim for workers compensation.
https://www.sira.nsw.gov.au/claiming-compensation/workers-compensation-claims/work-break-and-journey-claims
If you are injured while travelling to or from work and your home then you may be able to lodge a claim for workers compensation. This is determined on a case by case basis. Speak with your employer’s insurer for more information.
For compensation to be payable there must be a real and substantial connection between your employment and the accident or incident which resulted in the injury.
To lodge a journey claim with your employer’s insurer use the other work related injuries claim form.
In Queensland, journey claims can be covered subject to specific criteria:
Injury travelling to, from or for work
Not all work-related injuries happen in your main place of work. Depending on the situation, you may still be eligible for compensation.
You might experience an injury:
- travelling between your home and place of work
- on your way to or from training relating to your work
- travelling to or from medical or rehabilitation treatment that is part of an existing WorkCover claim
- travelling between jobs with separate employers
- while travelling for work-related reasons (i.e. a work conference or meeting) locally, interstate or internationally
Am I able to claim?
To be compensated, you need to have started your journey without any major delays or deviations and be travelling directly between your home and workplace or trade, technical, or other training school (or other location as outlined above).
If your injury happens at your home, you’re not considered to have started your journey and won’t be able to be compensated. This is supported by the Workers’ Compensation and Rehabilitation Act 2003
https://www.worksafe.qld.gov.au/claims-and-insurance/work-related-injuries/injury-travelling-to-from-or-for-work
In Victoria, WorkSafe Victoria states:
2.1.6.7 Travelling for work
An injury while travelling is deemed to arise out of or in the course of employment if the worker is required to travel for work.
Travelling for a worker’s employment does not include travelling to and from the workplace or other places described in 2.1.6 Define an injury.
A workplace includes:
- a location in connection with employment
- anywhere the employer requires a worker to work.
If there is no fixed workplace (e.g. in the case of a travelling salesman) it includes the whole area, scope or ambit of employment.
The injury is not deemed to arise out of or in the course of employment, if:
- there is a substantial interruption or deviation to the journey
- the interruption/deviation is not connected with employment.
Whether there has been a substantial interruption or deviation will be a matter of fact. Consider all factors associated with a journey including the time it was undertaken and the usual or more convenient route or possible routes.
https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims_Manual/2-claims-management/2-1-workers-and-injuries/2-1-6-define-an-injury.htm#top