If your employment requires you to travel for work and you sustain an injury during that time, you may be entitled to workers compensation. Depending on your profession, you may also be able to claim compensation for injuries that occurred due to the commute to and from work.
Workcover claims for injuries during work travel
Injuries that result from work travel are known as ‘journey claims’ and can constitute a workplace accident. Changes to the Workers Compensation legislation in NSW has narrowed the type of claims that can be made.
It is no longer possible to claim compensation for injuries sustained during travel to and from work, unless you fall under an occupation that is entitled to make the claim. For instance, police officers, paramedics and firefighters – due to the nature of their employment – may be entitled to compensation for an injury that resulted due to travel to or from work.
Generally, you may only be entitled to make a claim for compensation for a journey claim if you were injured during the course of your employment. A common example would be a journey that you were required to take during work hours.
How to make a claim for an injury sustained during a work trip
The key difference between journey claims and workplace accidents on-site is that the former occurs outside the place of employment. Because of this, proving workers rights for a compensation claim can be challenging.
According to the legislation, to prove that you have a claim for a work related injury as a result of work travel, you need to show that there was a real and substantial connection between the accident and your job.
For instance, if you were injured in a car accident, you would need to establish that driving a motor vehicle was essential to performing your duties. With factors like driver negligence, you may be concerned as to whether your situation constitutes a work related injury. It is always wise to consult a motor vehicle accident lawyer on your workers rights.
The lawyers at Masselos & Co have a breadth of experience with journey claims and can assist with safeguarding your rights.
Proving a real and substantial connection
Whether there is a real and substantial connection depends on a number of factors and no case is the same. To illustrate what may constitute a real and substantial connection, here are a couple of examples that have been successful in workers compensation claims:
- Car accident due to a spider. Employment required attending various bush areas to use pesticide. The worker was requested by the employer to take some tools and products to a work site. He took his own vehicle but got into an accident when a spider climbed up his arm. This was considered a workplace accident as it occurred during the carrying out of employment duties.
- Car accident due to working late. An employee was required to work late one night. She was driving home in the dark and met with a car accident. As the darkness played a factor in the accident and the need to drive in such conditions was due to work, the connection was considered real and substantial.
Identifying the components to prove a workplace injury due to travel can be challenging. Masselos & Co Lawyers are here for you and are ready to assist. Book your free consultation today.
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