What are my options if I was injured on the way to work?
Understanding your claim options if you were injured on the way to work
If you were injured on the way to work in Queensland, you may be able to make a workers’ compensation claim, depending on how the injury occurred and whether your journey had a real connection to your employment.
If your injury was caused by a car accident, you may also have options through Queensland’s Compulsory Third Party insurance scheme. This means workers’ compensation and motor vehicle accident pathways may both need to be considered.
30 second claim check
Try our 30 second claim check or contact us to get help
What is a workers' compensation journey claim?
A workers’ compensation journey claim is a type of claim that may apply when a worker is injured while travelling for a work-related reason. This can include travelling between home and work, travelling between workplaces, or travelling as part of your ordinary work duties.
In Queensland, the key question is whether the injury occurred during a journey with a real and substantial connection to your employment. If that connection exists, an injured worker may be able to claim compensation through WorkCover Queensland or a self-insurer.
Journey claims can become more complex when the worker takes a personal detour, stops for a non-work-related reason, or experiences a substantial delay before the accident. In those situations, the insurer may look closely at the circumstances of the journey before making a decision.
When can a workers' compensation journey claim apply?
Travel between home and work
Travel between workplaces
A journey may also be covered if the worker was travelling between two places of employment. This may be relevant for workers with more than one job or workers who need to move between different work locations.
Travel for training, treatment or rehabilitation
Some journeys connected with work-related training, medical treatment, rehabilitation or assessment may also be covered, particularly where the travel relates to an existing compensable injury.
Delays, interruptions and deviations
A journey claim may be affected if there was a substantial delay before the worker started travelling, or a substantial interruption or deviation along the way. However, this does not automatically prevent a claim if the delay, interruption or deviation was connected with employment, or caused by circumstances outside the worker’s control.
How does WorkCover Queensland assess journey claims?
When a workers’ compensation journey claim is made, WorkCover Queensland or the relevant self-insurer will look closely at the circumstances of the journey.
This may include:
Where the worker was travelling from and to
When the journey started
Where and when the injury occurred
Whether the worker took a different route
Whether there was a substantial delay, interruption or deviation
Whether any delay, interruption or deviation was connected with employment or caused by circumstances outside the worker’s control
These details help the insurer assess whether the injury falls within the journey claim provisions of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). If the facts are unclear or if the insurer believes the journey had become personal rather than work-connected, the claim may be disputed or rejected.
Car accident claims after being injured on the way to work
If you were injured in a car accident on the way to work, a motor vehicle accident claim may be available if another driver, rider or road user caused or contributed to the crash.
In Queensland, these claims are generally made through the Compulsory Third Party insurance scheme. This means the claim is usually made against the at-fault driver’s CTP insurer, rather than the driver personally. A CTP claim may be relevant if your accident involved:
Another driver failing to stop or give way
A rear-end collision
A distracted, speeding or careless driver
A driver who crossed into your lane
An uninsured or unidentified vehicle, including some hit-and-run accidents
If the vehicle that caused the accident was uninsured or cannot be identified, a claim may still be available through the Nominal Defendant.
This pathway has different rules, evidence requirements and time limits from a workers’ compensation claim, so it is important to understand which process applies to your situation.
Check the relevant time limits
Strict time limits can apply to both workers’ compensation and CTP claims in Queensland. If you are unsure which process applies, seek legal advice early so you can understand your options before lodging forms or responding to an insurer’s decision.
For more detailed guidance, you can read our step-by-step information on making a workers’ compensation claim and making a car accident compensation claim in Queensland.
No win no fee services
We handle eligible workers’ compensation and motor vehicle accident matters on a no win, no fee basis. This means you do not pay our professional fees unless your claim succeeds.
Injured on the way to work FAQs
Can I claim workers' compensation if I stopped on the way to work?
You may still be able to claim workers’ compensation if you stopped on the way to work, but it will depend on the reason for the stop and how it affected the journey.
A journey claim may be affected by a substantial delay, interruption or deviation. However, a delay or change in the journey may not automatically prevent a claim if it was connected with employment or caused by circumstances outside the worker’s control.
What if I was at fault for the car accident on the way to work?
A workers’ compensation journey claim does not always depend on another driver being at fault. If the injury occurred during a covered journey, workers’ compensation may still be relevant.
A CTP claim is different. A motor vehicle accident claim through CTP insurance usually depends on another driver, rider or road user causing or contributing to the accident.
Can I claim both workers' compensation and CTP after a car accident on the way to work?
In some situations, both workers’ compensation and CTP claim pathways may need to be considered. This can happen if the injury occurred during a covered journey and another road user caused or contributed to the accident.
These claims have different rules, forms, insurers and time limits. Any payments or entitlements may also need to be considered carefully so the claim is handled correctly.
What if WorkCover rejects my journey claim?
If WorkCover Queensland or a self-insurer rejects your journey claim, you may be able to seek a review of the insurer’s decision through the Workers’ Compensation Regulator.
A rejected claim does not always mean the matter is over. The reasons for the decision, the available evidence, and the circumstances of the journey will all matter.
Can lost wages, medical and rehabilitation expenses be covered?
If your workers’ compensation claim is accepted, support may be available for medical treatment, rehabilitation expenses and weekly payments while you are unable to work.
The support available will depend on your injury, your work capacity, the medical evidence and the claim pathway that applies.
Do strict time limits apply if I was injured on the way to work?
Yes. Strict time limits can apply to workers’ compensation claims and motor vehicle accident claims in Queensland. Different claim pathways can also involve different notice requirements, forms and deadlines.
For CTP claims, earlier notice periods may apply before the general time limit to start court proceedings. This is especially important if the at-fault vehicle cannot be identified.
Industry Memberships And Legal Associations
The Personal Injury Lawyers are long-term and proud members of some of the organisations and groups below. We care deeply about the work we do, our staff and who we associate with.
Real 5 Star Client Google Reviews
See hundreds of genuine 5 star ★★★★★ real reviews from those we have helped with work, motor and other injuries
No fake reviews here, we just work hard for great clients who leave honest feedback.