Many workers assume that workers compensation only applies if they are injured at their actual workplace. In New South Wales, you may also be covered if you are hurt on a journey that is connected to your employment.
These “journey claims” have specific rules, so it is important to understand when they apply and what to do if you are injured travelling to or from work.
What is a journey claim?
A journey claim is a type of workers compensation claim that arises when a worker is injured on a trip that has a real and substantial connection to their employment. This can include travelling from home to work, between worksites or to a work related training session or meeting.
The key question is whether your job required you to make that journey at that time and in that way.
In the past, journey claims were broader, but changes to NSW workers compensation laws mean the connection to employment now needs to be clear. For example, if you are travelling directly from home to your usual workplace at your normal time, that may be treated differently to a trip made at short notice to cover an extra shift.
Examples of journeys that may be covered
Every case turns on its own facts, but common examples where journey claims may be accepted include:
- Being injured in a car accident while driving to a different site at your employer’s request.
- Slipping or tripping on a cracked footpath outside work when you are rushing to attend a meeting.
- Being hurt while travelling between two worksites as part of your normal duties.
On the other hand, detours or breaks that are only for your own purposes, such as stopping for personal shopping far from your usual route, can weaken the connection to work. It is important to provide a clear and honest description of your journey when you report the incident.
What to do immediately after a journey injury
If you are injured on a work related journey, your health comes first. Seek medical attention as soon as possible and make sure the doctor notes that the injury occurred while travelling in connection with your job.
Keeping copies of hospital records, x‑rays and medical certificates will help later when you make a claim.
You should notify your employer about the incident as soon as you reasonably can, even if you think the injury is minor. Provide details of the time, location, circumstances and any witnesses. Your employer has obligations to notify their workers compensation insurer, who will then contact you for more information.
How journey claims are assessed
The insurer will look at whether there is a “real and substantial connection” between the journey and your employment. They may consider factors such as the purpose of the trip, the timing, any instructions from your employer and whether your own behaviour contributed to the risk.
In some cases, serious or wilful misconduct, such as using a mobile phone while driving, can affect entitlement to benefits.
If your claim is accepted, you may be entitled to weekly payments to replace lost wages, reasonable medical and rehabilitation expenses, and in some cases lump sum compensation for permanent impairment. If the insurer disputes the claim, there are review and appeal options available.
Why legal advice is important
Journey claims can be more complex than straightforward workplace accidents because the facts are often contested and the law is technical. A workers compensation lawyer can help you understand your rights, gather evidence to support your version of events and challenge an insurer’s decision if necessary. They can also make sure you are accessing all potential entitlements, including any related superannuation or TPD benefits.
Many injured workers are reluctant to get legal advice because they worry about the cost. In NSW, workers compensation matters are often covered by the Independent Review Office (IRO) funding scheme, meaning you may receive legal help at no direct cost to you. A firm experienced in compensation law can explain how this applies in your situation.
How McDonnell Schroder can assist
McDonnell Schroder has been helping injured workers across Western Sydney with compensation claims for decades, including complex journey claims. Their team understands how insurers assess these cases and what evidence can make the difference between acceptance and refusal. They can liaise with your doctors, prepare statements and guide you through each step of the process.
Getting advice early can help you focus on your recovery while someone else deals with the legal and insurance side.
Speak With McDonnell Schroder Today!
At McDonnell Schroder, we understand how stressful these situations can be. Our experienced team will listen to your circumstances, explain your rights clearly, and guide you through the process with confidence and care.
Call us today on (02) 9622 1155 or fill out our online form for a free consultation. We’re here to guide you every step of the way.
