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What if I was injured whilst travelling to or from work or during a work break - can I make a workers’ compensation claim?

If you have sustained an injury whilst travelling to or from your workplace, or during a break at work, then you may have rights to claim Workers' Compensation. Your rights to Workers’ Compensation will depend on whether there has been some significant deviation from your journey whilst travelling to or from the workplace, whether it is on your way to work, returning home after work, or during any work break (eg. Lunch, morning or afternoon tea, smoke break etc.).  These types of workers' compensation claims are called "journey claims" and fall within sections 34(1)(c) and s.35 of the Workers' Compensation & Rehabilitation Act 2003  

See the case of QComp & John Kennelly v Qantas Airways Ltd (C/2012/16), where the Industrial Court held that a worker who was injured in a motorcycle accident whilst travelling to his friend's home after work, where he intended to stay overnight, prior to going to the airport the next day, in order to board a plane to Sydney where he was going to obtain a work visa.  The Industrial Court held that the worker had not deviated sufficiently to negate his right to workers' compensation.  The Court was told by the worker that he had stayed at his friend's home as it was closer to the airport for his travel to Sydney the following day.  The Court held this was a sufficient explanation for the overnight stay, and the worker was still travelling for his work at the time of the injury occurring.  It was held that the worker's employment was a significant contributing factor to the injury occurring and he was entitled to claim workers' compensation.  To read more about this case go to the article on this topic on our website at the following link:  QComp & Kennelly v Qantas

You may also have other rights to compensation at law through a Common Law claim for damages, ie. in negligence, trespass, motor vehicle accident claims, public liability claims etc. 

You should contact us at The Personal Injury Lawyers on 1300 782 202 to find out what your rights and entitlements are.  Remember, strict time limits apply to claims for work injury compensation in Queensland.

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