Journey Claims…What are they and do they apply to you?
Do they apply to you?
Have you been injured in an accident travelling to, from, or for the purposes of your work? Understandably, you may be left feeling traumatized, out of pocket, and even a little confused as to what to do next.
It may ease your concerns to know a particular claim in personal injury law exists which may be available to you. This is known as a journey claim.
So what is a journey claim?
As mentioned above, a journey claim arises out of a personal injury sustained while engaged in work-related travel. For example, this may include a claim to WorkCover arising out of a motor vehicle accident which caused you injury on your morning’s way to work. If you are able to successfully make a journey claim, you will generally be awarded compensation under a ‘no-fault’ understanding.
To be eligible for compensation, you must be classified as a ‘worker’ under the Worker’s Compensation Act. In addition to this, WorkSafe, as authorised by the Queensland Government, provides you must have already begun your work-related journey, and not have taken any major delays or deviations during that journey. This means that sustaining an injury while at home, whether before work or not, will not make you eligible for a journey claim (Worksafe.qld.gov.au). It is important to note that other exceptions and considerations to a journey claim exist, such as time limitations on claims and whether illegal activity occurred which contributed to the incident causing the injury (Queensland Law Handbook.org).
If you sustain an injury while travelling in another location for work, such as interstate or overseas, you may still be able to make a journey claim. However, the Workers’ Compensation and Rehabilitation Act 2003 provides a threshold which stipulates that your employment must have been a ‘significant contributing factor to your injury’ (Workers’ Compensation and Rehabilitation Act 2003).
Are you still wondering if you have a journey claim? Call us and we’ll explain your rights.
Call us today to find out: 3221 8000