Am I eligible for worker’s compensation, if I get injured while traveling to the workplace?
Injuries are not always contained to the workplace alone.
It may be that you are injured during the travel between your home and place of work, or on your way to work-related training.
It may be that you’re injured while traveling for work-related reasons (e.g. a local, interstate, or international work conference, meeting).
The rules are different across the states – this article will cover laws applying to New South Wales and the Australian Capital Territory.
New South Wales (NSW)
In NSW, an employee is not usually able to claim from their Employer’s Worker’s Compensation insurer for injuries suffered unless they can show a direct correlation between the employment and the accident where the injury occurred.
This could be, for example, a situation where you would travel from your home to a client’s home, or where you are directed by your employer to carry out a task on the way to work.
This would also apply where you would drive home after completing a double shift at the request of the employer.
If you are in doubt, please refer to section 10 of the Workers Compensation Act 1987 (NSW).
Australian Capital Territory (ACT)
In the ACT, you would likely be covered (by the defendant CTP insurer) for trips between your home and your place of work.
However, if you are injured while still on your property prior to leaving for work, you would not be covered.
The below article is a good reference point:
Some types of work see employees travel straight from home to a work site or see employees as road-based (e.g. truck drivers).
These workers are especially protected in the ACT as what needs to be established is a
“Real and substantial connection between the employment and the accident”(section 10(3)(A) – have a read of the case of Hooke v Rolfe (1986) 7 NSWLR 40).
So, if you’ve been injured to/from work and your job is one where you are required to travel, or even better, paid to travel for work, then you may have a claim under a whole number of provisions.
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