Are you entitled to compensation if you’re injured on the way to work?
In New South Wales (NSW), an employee is not covered for compensable injuries for travel between home and work unless the employee can show there was a direct correlation between the employment and the accident where the personal injury occurred. What’s My Claim Worth partners with specialist law firms throughout New South Wales who can support you and help you make a claim.
What are the laws regarding your journey to work?
As stated earlier, in NSW an employee is not covered for compensable injuries for travel between home and work. This remains the case unless the employee can show there was a direct correlation between their employment and the accident and the personal injury sustained.
As you can appreciate, workers compensation laws must determine who is covered in all types of work. Some industries see workers travel straight from their home to a worksite, or are road-based, such as truck drivers.
It is those types of work-based situations that the law protects. What needs to be established is that there is “a real and substantial connection between the employment and the accident or incident out of which the personal injury arose”, in accordance with the Workers Compensation Act 1987 (NSW).
If you are injured in a motor vehicle accident while travelling between your workplace and home, you may be entitled to compensation under the Compulsory Third Party (CTP) Scheme. This is, however, assessed on a case by case basis. Get in touch with us at What’s My Claim Worth to discuss your case.
What should you do about your journey to work?
If you are involved in a car crash, you must stop immediately and give as much help as possible to anyone else involved in the accident. If anyone is injured or killed, you should call the police and an ambulance – dial 000.
If you wish to pursue a journey to work claim, you will need to lodge a Personal Injury Claim Form. Ensure that the incident has been reported to the police within 28 days, and record the details of the other vehicles involved.
If you wish to pursue a claim against your employer, make sure to report your accident and subsequent injury to them. Retain a Certificate of Capacity, which will detail your diagnosis as assessed by a medical professional. You must then request a compensation claim form. To learn more about making a claim for your journey, get in contact with What’s My Claim Worth.
Are journeys made during work hours covered by workers compensation?
Much like the other activities that you carry out at your place of employment, any travel that you may complete throughout your workday may be covered by workers compensation. There is typically a broad definition of what counts as a work journey, with activities including the following typically covered:
- Travelling offsite to client meetings
- Travelling to a destination to receive relevant training and qualifications
- Travelling to a conference or other work-related event
What is the claims process?
What’s My Claim Worth can help you start the process to get the result you need in your claim against your employer. Starting this legal process can result in monetary compensation for you, as well as potential new orders surrounding workplace rules within your place of work.
It should be noted that this isn’t necessarily an easy process. Without knowing the particular facts of your situation it can be very hard to establish your rights in bringing forward a compensation claim. Start the process today and speak to What’s My Claim Worth, to see whether your journey to work case can progress.
How long will your claim take?
The time taken for any form of claim to be processed depends on the complexity of your situation, the nature of any injuries you may have sustained and the time required for your injuries to stabilise. Once we have an understanding of your accident and the circumstances that surround it, our team may be able to provide you with a more accurate estimate of your claim timeline.
Why should you choose What’s My Claim Worth?
What’s My Claim Worth can help you to understand the value of your compensation claim, as well as your eligibility to claim. Once confirmed, we can then put you in touch with the best legal professionals in NSW to help handle your travel journey case claim. As always, ourno win, no fee (excluding defendant costs if the claim is litigated) promise applies.
Frequently asked questions
Is travel to work covered under workers compensation in NSW?
In NSW, travel to work is generally not covered by workers compensation. As with any form of compensation claim, the circumstances of the incident will need to be taken into account and assessed on an individual basis.
What should you do if you believe you might have grounds to make a claim?
If you’ve been injured on your way to or from work and believe that you have grounds to make a claim, the best place to start is consulting the team at What’s My Claim Worth. Once we understand the ins and outs of your case, we can provide advice around what you could be eligible to claim and if there are any other relevant forms of compensation you could be entitled to. Get in touch and discuss your case today.