Many people do not know they can receive compensation for injuries that occur while travelling to and from work.
This also applies to injuries between work or home and:
another place of employment or pick-up.
any educational institution which you are required to attend by your employer.
any other place where the journey is made for the purpose of obtaining medical treatment, filling prescriptions, obtaining artificial aids or obtaining a medical certificate in connection with a workplace injury for which compensation is payable.
a journey between any place you are required by your employer to reside temporarily and your home.
A real and substantial connection between employment and accident required
Unless you are a police officer, firefighter, paramedic, emergency services volunteer or a coal miner, you can only receive workers compensation benefits for accidents on such a journey if there is a “real and substantial connection” between the employment and the accident or incident out of which the injury arose.
Examples where a “real and substantial connection” were found include:
Accidents caused by fatigue due to long shifts or late shifts.
Accidents that occurred because a worker was required to work later than usual, for example a worker who would normally drive home in daylight was injured while driving in the dark on a country road when another car swerved to avoid cattle on the road and collided with her vehicle. Visibility played a part in the accident.
Accidents caused by worker driving in a state of distress due to events occurring in the workplace.
Accidents caused by rushing or hurrying due to time constraints, for example a casual teacher who was called in to work at short notice, or a worker rushing to get to an office Christmas party.
Your travel may be "in the course of your employment"
Some examples of this are:
A Livestock Market Officer who was killed in a motor vehicle accident when travelling between sale yards.
A worker who was driving his employer’s van with the employer’s equipment in the rear, to a place where the van could be securely parked in order that the equipment could be made available for access by the applicant or other workers.
Injuries that occur outside of the workplace but within the boundary to the property where the place of employment is located. For example a Woolworths employee who was attacked by a vicious bird at the shopping centre in which her place of employment was situated, or a nurse who slipped and fell in a car park provided by her employer.
A property manager injured in a car accident on the way to inspect a vacant rental property.
A worker was injured when he was struck in the eye by an octopus strap he was using to secure a sign belonging to his employer which he had left in his ute.
What if I didn’t go straight to work/home?
Interruptions and deviations from your journey are acceptable so long as the risk of injury was not “materially increased” because of the interruption or deviation.
What is relevant is your intended destination when you start the journey. So for example, if you stop to pick up groceries or take-away, you may still continue with your “journey”.
When does the journey start and finish?
Journeys start and finish when you cross the boundary of the land where your home or employer’s premises are located.
What if I am staying away from home?
The legislation actually refers to “place of abode” rather than home. The “place of abode” can be temporary, even just for one night, like a hotel or friend’s house that you are staying at. It is the place where you intended to or did stay the night.
What if I was speeding or otherwise at fault in the accident
This will not necessarily exclude a claim. There is an exclusion for injuries caused by “serious and wilful misconduct”. For conduct to be “wilful” it must be deliberate in that there was knowledge of the risks and a decision to proceed anyway. It requires more than negligence or disregard of orders.
If you were under the influence of alcohol or drugs you will not be covered unless that did not contribute to the accident in any way or the alcohol or drugs were not consumed voluntarily.
Some cases where serious and wilful misconduct have been found include:
a worker racing his colleague home on motor cycles driving twice the legal speed limit.
a person who had the opportunity to stop at a traffic light and deliberately drove through a red light at high speed.
a person who was speeding while talking on a mobile phone while driving on a highway with oncoming traffic and no divider.
What if the accident resulted from another medical condition?
You will not be covered unless the journey caused or contributed to the injury.
If the injury involved a motor vehicle, you may be entitled to statutory compensation from a CTP insurer, even if you are at fault.
Statutory compensation is not payable if you are entitled to workers compensation benefits. Otherwise, you can be paid benefits for loss of earnings and medical expenses.
If you are unable to work because of the injury, you may be eligible to claim TPD benefits
Contact us for more information
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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