What is a Journey Claim?

Article by Personal Injury Lawyer, Tyla Leo.

May, 2024

Download PDF version

[feature-block]

Tyla Leo is an experienced Litigation Lawyer and Senior Associate at O’SheaDyer Solicitors Townsville. Tyla works exclusively in Compensation Claims and Personal Injury Law.

[/feature-block]

What is a Journey Claim?

Within Queensland, a journey claim refers to a claim for workers compensation benefits for injuries sustained in any of the following circumstances:

• You are injured while travelling between your home and place of work.
• You are injured while on your way to or from work-related training.
• You are injured while travelling between jobs with different employers.
• You are injured while travelling for work-related reasons (eg. travelling to a work conference or meeting).

All of the circumstances set above are considered travel that is directly between your home and workplace.

Under the Workers Compensation and Rehabilitation Act 2003 (Qld), to be eligible to receive compensation from WorkCover Queensland for a journey claim:

1. You must have been travelling directly between your home and workplace (or training location) as set out above; and
2. Your journey must have started without any major delays or deviations from the route which would break the connection to your employment.

What do I Receive if my Journey Claim is Successful?

If your journey claim is accepted, WorkCover Queensland may: -

• Pay weekly compensation for lost wages while you are unable to work due to your injuries.
• Cover medical, surgical, hospital, rehabilitation, and pharmaceutical expenses.
• Cover travel expenses for medical appointments.
• They may also pay a lump sum payment.

Do I have a Motor Vehicle Accident, Personal Injuries Damages Claim as well as a Journey Claim?

If your journey claim is caused by another driver who is at fault, you may also be entitled to lodge a personal injury damages claim (motor vehicle) against the ‘at fault drivers’ compulsory third-party insurer.

You would pursue a personal injury damages claim in circumstances where your injuries have long-term effects including upon your ability to work.

Do I have to Pay WorkCover back if my Personal Injuries Damages Claim is Successful?

At the end of the personal injury damages claim, WorkCover are paid back for amounts they have paid in the journey claim.

It is important to realise that when pursuing the personal injury damages claim, you are entitled to recover from the compulsory third-party insurer, everything that has been paid by WorkCover, together with future expenses including future damages. However, you then pay back to WorkCover the amount they have paid you. You are not out of pocket, but you are not doubly compensated (ie. you don’t get two bites of the cherry).

An example: If WorkCover have paid treatment expenses to you of say $20,000, once your personal injury damages claim settles (say for $300,000) part of that settlement will include the $20,000.  The $20,000 will then be repaid to WorkCover (by the CTP insurer) and the balance of $280,000 will be paid to you.

Should I get Legal Advice if I am making a Journey Claim?  

Yes. Given there has been a motor vehicle accident, there are legal requirements that you give notice to the third-party insurer, within a short period of time.

It is important to obtain legal advice as soon as possible after your accident.

It is always best to obtain legal advice for personal injury claims from a lawyer who has experience and ideally practices exclusively in this area of law.

[feature-block]

O'Shea Dyer Compensation Team

When you choose O’Shea Dyer as your Compensation lawyer, you have a team of experienced legal professionals, led by Ivan Baxter, Tyla Leo and Bridget Barrie working on your case.

MEET YOUR TEAM

[/feature-block]