A worker may be able to make a claim for injuries incurred during work breaks and some journeys to and from work.
Work break claims
A worker may be able to make a claim for injuries received during an ordinary work break (eg morning tea or lunch break) or authorised temporary absence. The worker must not, however, subject themselves to ‘any abnormal risk of injury’ during a work break or authorised absence.
Claims whilst on a journey
If you are a police officer, paramedic, fire fighter, volunteer bush fire fighter or emergency services volunteer or coal miner, or are making a dust disease claim, you are exempt from some 2012 claim reforms. Skip over the following text and read the section for exempt claimants.
If an injured worker believes there is real and substantial connection between their employment and the accident or incident which results in an injury, they should lodge a claim with their employer’s scheme agent or insurer. To lodge a claim, use the following form Other work related injuries claim form.
Workers who are injured in motor vehicle accidents while travelling between their workplace and home may be entitled to compensation under the Compulsory Third Party (CTP) Scheme. Information on CTP entitlements is available on the Motor Accidents Authority website at www.maa.nsw.gov.au.
This section only relates to those exempt from the 2012 claim reforms (see above).
A worker may be able to make a claim for injuries suffered in the course of most journeys (without significant interruption or diversion) to and from the worker’s:
- home (place of abode) and place of employment
- home, place of employment and educational institution if it is required for the worker’s employment
- home, place of employment and any other place the worker is required to attend for work-related reasons.
A worker will not be able to receive compensation for a journey claim if there is ‘serious and wilful misconduct’ by the worker. For example, if a worker is involved in a motor vehicle accident on the way home from work and is found to be under the influence of alcohol or other drugs which contributed to an injury sustained in the motor vehicle accident.
With motor vehicle accidents, the worker may have the option of claiming either workers compensation for personal injury or through compulsory third party (CTP) if another driver is found to be at fault.
Only personal injury to the worker can be claimed on a workers compensation journey claim, no vehicle or property damage can be claimed.
Call 13 10 50 for more information about work break and journey claims.