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
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 (e.g. 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.
The Case of John Kennelly v Qantas Airways
In 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.
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, and as such 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.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation.
Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing.
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The worker's employment was a significant contributing factor to the injury
Returning to the case of Kennelly v Qantas, 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.
You may also have other rights to compensation at law through a Common Law claim for damages, e.g. in negligence, trespass, motor vehicle accident claims, public liability claims etc.
Chat with a Lawyer today as strict time limits apply
You should contact us, The Personal Injury Lawyers to find out what your rights and entitlements are.
Remember, strict time limits apply to claims for most injury compensation in Queensland.