If you’ve been injured while travelling to or from work in New South Wales, you may be entitled to workers’ compensation. These types of claims are known as journey claims, and while they can be complex, understanding your rights is an important first step toward getting the support you deserve.
Journey claims NSW are governed by specific workers’ compensation laws that set out when travel-related injuries are covered and what you need to prove. This guide breaks down the eligibility criteria, the claims process, and what to do if your claim is denied, so you can move forward with confidence.
What is a Journey Claim?
A journey claim is a workers’ compensation claim for an injury sustained while travelling to or from your place of employment, or during a work-related journey. These claims are covered under Section 10 of the Workers Compensation Act 1987 (NSW).
Under NSW workers’ compensation laws, your journey begins when you cross your home boundary and ends when you cross your employer’s boundary. Any injuries sustained during this period may qualify as a journey claim, provided certain conditions are met.
It’s worth noting that your employer’s boundary isn’t limited to the office or worksite itself. For a retail worker, it may include shopping centres; for an office worker, it could extend to office buildings and associated car parks. Once you’ve crossed the employer boundary, any workplace injuries that occur are generally covered under standard workers’ compensation rather than journey claims.
Are Journey Claims Covered in NSW?
Yes, but not automatically. Under the NSW Workers Compensation Act, journey claims are only covered if there is a real and substantial connection between the accident that caused your injury and your employment.
This is an important distinction – most NSW workers are not automatically covered for a standard commute unless additional factors link the journey to their job. This complexity is why it is advisable to seek independent advice, particularly from experts in the workers’ compensation field.
What Does “Real and Substantial Connection” Mean?
To succeed in a journey claim, you need to demonstrate more than the fact that you were simply travelling to or from work. You must show a strong, well-established reason for connecting your employment to the accident. This means your travel circumstances were shaped by your work in a meaningful way.
Examples of a real and substantial connection include:
- You were called into work early at short notice and were rushing, contributing to a serious accident
- You are a rural worker who was held back at work, forcing you to drive home on country roads in poor visibility or darkness
- Your employer required you to travel a specific route or use a particular mode of transport
- You were carrying work equipment or documents that contributed to the accident
- You were travelling between multiple work locations during the day
Each case is assessed on its own facts, and the Workers Compensation Commission considers the specific circumstances surrounding the accident.
When Does Workers’ Compensation Cover Travel to and from Work?
In most cases, NSW workers are not automatically covered for injuries sustained during a regular commute. To claim workers’ compensation for travel to and from work, you must be able to prove a direct link between your employment and the injury—that your transport occurred as a necessary condition of your job or was significantly influenced by your work arrangements.
If you’re injured in a motor vehicle accident while commuting but cannot establish a real and substantial connection to your employment, you may still be able to claim compensation under other circumstances. For example, injuries sustained in a car accident on the way to work may be covered under CTP (Compulsory Third Party) motor vehicle accident insurance.
Occupations With Broader Journey Claim Coverage
Some occupations are entitled to journey claim compensation when travelling to and from work without needing to show a real and substantial connection. Under current legislation, these include:
- Police officers
- Paramedics
- Coal miners
- Firefighters
- Emergency services volunteers
These workers are covered by workers’ compensation during their commute because of the nature of their roles and the risks associated with their employment. If you work in one of these occupations and have been injured while travelling to or from work, you may have a straightforward path to making a compensation claim.
Is Your Lunch Break Covered by Workers’ Compensation?
Under the NSW Workers Compensation Act, a lunch break is classified as an “authorised recess.” This means workers are generally covered for injuries that occur during their break, even if they leave their employer’s boundary—for instance, walking to a nearby park or train station to eat lunch.
However, there is an important exception. If a worker engages in an unauthorised, reckless activity during their lunch break, such as participating in an impromptu tackle football game, injuries sustained may not be covered by workers’ compensation. Whether an activity is considered reckless is determined on a case-by-case basis, taking into account the circumstances of the injury and the events leading up to it.
GET HELP NOW WITH YOUR PERSONAL INJURY
Get in touch with our Personal Injury Compensation team
How to Make a Journey Claim
If you’ve been injured during a work-related journey or while commuting and believe your injury has a real and substantial connection to your employment, the following steps outline the general process for making a workers’ compensation journey claim in NSW:
- Seek medical attention immediately and ensure your injuries are documented by a medical professional.
- Report the injury to your employer as soon as practicable. Providing very late notice can complicate your claim.
- Gather evidence to support the connection between your employment and the accident. This may include work rosters, correspondence from your employer, dashcam footage, or witness statements.
- Lodge a workers’ compensation claim with your employer’s insurer. Your employer is required to provide you with the relevant claim form.
- Contact an experienced personal injury lawyer if you need guidance on establishing the real and substantial connection or if your claim is complex.
Workers’ compensation claims can potentially cover lost wages, medical expenses, and rehabilitation costs if approved. Each claim is evaluated on its own merits, so thorough documentation is essential.
What to Do if Your Journey Claim is Denied
If your workers’ compensation claim is denied, you have the right to challenge the decision. The insurer must provide reasons for the denial, and you can request a review or lodge a dispute with the Workers Compensation Commission in New South Wales.
Having an experienced compensation lawyer on your side can make a significant difference when navigating the dispute process. A lawyer can help you gather additional evidence, identify weaknesses in the insurer’s decision, and represent your interests throughout the proceedings.
Key Takeaways
- Journey claims in NSW cover workers' compensation for injuries sustained during work-related travel or commuting, governed by Section 10 of the Workers Compensation Act 1987.
- To be eligible, you must demonstrate a “real and substantial connection” between your employment and the accident—simply travelling to and from work is generally not enough.
- Certain occupations, including police officers, coal miners, firefighters, paramedics, and emergency services volunteers, have broader coverage without needing to prove this connection.
- Injuries during an authorised recess, such as a lunch break, are generally covered, unless you were engaging in an unauthorised, reckless activity.
- If a journey claim doesn’t apply, you may still be eligible for compensation under motor vehicle accident insurance or other circumstances.
Have Questions About Journey Claims in NSW?
If you’ve been injured while travelling to or from work and believe you may be eligible for workers’ compensation, the team at Burke Mead Lawyers can help. Our experienced compensation lawyers understand the complexities of journey claims and workers’ compensation laws in NSW, and we’re here to guide you through every step of the process.
Reach out to Burke Mead Lawyers for a free case assessment and feel assured that we will fight to secure the best possible outcome for your personal injury claim.
