At ROC Legal, we have helped numerous clients who have suffered injuries during their daily commute to or from work in Queensland. These types of claims, known as “journey claims,” can be complex and challenging to navigate without proper legal guidance. In this article, we will provide you with everything you need to know about journey claims in Queensland, including what they are, the types of scenarios that may be eligible, and the steps you should take if you find yourself in this situation.
What is a Journey Claim?
A journey claim is a type of workers’ compensation claim that covers injuries sustained by an employee during their daily commute to or from work. In Queensland, you may be eligible for a journey claim if you are injured while traveling to or from your place of work, whether you are driving, walking, cycling, or using public transport. The key requirement is that the injury must have occurred “in the course of employment,” meaning that your employment must have significantly contributed to the injury.
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Types of Journey Claims
There are various scenarios in which you may be eligible for a journey claim, including:
1. Traveling to and from work: If you are injured while commuting to or from your workplace, you may be eligible for a journey claim.
2. Traveling between worksites: If your job requires you to travel between different worksites or offices, any injuries sustained during these trips may be covered by a journey claim.
3. Traveling to work-related training or events: If you are injured while traveling to or from work-related training, conferences, or meetings, whether locally, interstate, or internationally, you may be eligible for a journey claim.
4. Injuries while waiting for public transport: If you slip, fall, or are otherwise injured while waiting for public transportation to or from your workplace, you may be able to make a journey claim.
5. Assaults during commute: If you are assaulted while on your way to or from work, you may be eligible for a journey claim.
6. Traveling for medical treatment: In Queensland, if you are traveling for medical or rehabilitation treatment related to an existing WorkCover claim and sustain an injury during this journey, you may be able to make a journey claim.
It is important to note that strict criteria apply to journey claims. For example, if you were breaching any laws at the time of the incident, such as driving recklessly or under the influence of drugs or alcohol, your claim may be denied. Additionally, significant delays in starting your journey or deviations from your usual route for non-work-related reasons may render your claim ineligible.
Journey Claims vs. Motor Vehicle Accident Claims
It is crucial to understand the difference between journey claims and motor vehicle accident claims. If your injury was caused by another party’s negligence, such as in a slip and fall incident or a motor vehicle accident, you may have the option to pursue compensation under the Compulsory Third Party (CTP) scheme.
CTP claims can provide compensation for a range of losses, including general damages, pain and suffering, loss of income, medical treatment costs, care and assistance, and home modifications. In some cases, you may also be able to recover a portion of your legal costs associated with making the claim.
In contrast, journey claims provide temporary benefits through your employer’s workers’ compensation insurer until your injuries have stabilized. These benefits may include weekly payments, medical treatment, and a lump sum payment if you have sustained any permanent impairment. Once your injuries have stabilized, your workers’ compensation claim is closed, and any future losses become your responsibility.
Making a Journey Claim
If you have been injured during your commute to or from work, it is essential to take the following steps to ensure the best possible outcome for your journey claim:
1. Seek medical attention: Your health and well-being should always be your top priority. Seeking prompt medical attention not only ensures that you receive the necessary treatment but also provides medical records that can support your claim.
2. Notify your employer: As with any work-related accident, you must notify your employer immediately about your injury and complete an incident report. Be sure to include as many details as possible, such as the date, time, location, circumstances, witness accounts, and any available evidence, such as CCTV footage.
3. Document the incident: To strengthen your case, gather as much evidence as possible. This may include photographs of the accident scene, witness statements, medical records, and any other relevant documentation.
4. Seek legal advice: Journey claims can be complex, and it is highly recommended that you seek legal advice from experienced compensation lawyers, such as those at ROC Legal. We can guide you through the claims process, help you gather the necessary evidence, and ensure that your rights are protected.
5. Initiate your claim: Once you have sought legal advice, you can proceed with initiating your compensation claim with the relevant insurer. In Queensland, most employers are insured by WorkCover Queensland, while others are self-insured. Journey claims in Queensland are governed by the Workers’ Compensation and Rehabilitation Act 2003.
At ROC Legal, we understand the physical, emotional, and financial toll that a work-related injury can take on you and your family. Our experienced compensation lawyers are dedicated to helping you navigate the complex world of journey claims and ensuring that you receive the compensation and support you deserve.
If you have been injured during your commute to or from work in Queensland, do not hesitate to contact ROC Legal for a free, no-obligation consultation. We will review your case, advise you on your legal options, and work tirelessly to secure the best possible outcome for your journey claim.
Check if you’re eligible for a Compensation Claim
Find out if your injury or illness is eligible to make a compensation claim. Your online check only takes 3 minutes.