If you are injured on your way to or from work, you may be entitled to compensation. Called a journey claim, we explain what makes an injury qualify.
What is a journey claim?
A journey claim is a claim for compensation if you are injured while travelling:
- Between home and work;
- Between home and an educational institution being attended for work related purposes; and
- Between home and work to get a medical certificate or get treatment for an injury suffered at work.
In what circumstances can a claim be made?
One of the most common ways people are injured while travelling are car crashes or motor vehicle accidents. In the ACT, these are covered by the Motor Accident Injuries Act 2019, which outlines your rights to bring a motor vehicle claim if you are injured. Car crashes and motor vehicle accidents can also be covered by the Workers Compensation Act 1951. At MEJ we can discuss your circumstances and help you make decisions that are right for you.
When does the ACT workers’ compensation legislation apply to a journey?
Under the ACT workers’ compensation legislation, a journey starts when you cross the boundary of your house and ends when you get to the boundary of your employer’s premises. The boundary of the employer’s premises can change, as workers do not always go to an office. The employer’s premises can depend on the type of work you do and where you carry out your work. It can include for example, office buildings, carparks and constructions sites. Injuries suffered on those trips are called journey claims and you are entitled to claim workers’ compensation.
Am I entitled to compensation if I am injured during my lunch break?
Authorised breaks form part of the workday, and as long as you were not engaging in unauthorised or reckless activities, an injury suffered during a break is likely to be covered by the ACT workers’ compensation legislation. This is even if the injury occurs outside the boundary of the employer’s premises.
What should I do if I am injured on a journey or during a break at work?
Get in touch with our team to speak about your claim.