Coverage of Journeys and Breaks

What if I’m injured on the way to work?

What about in the work parking lot?

Workers compensation journey claims differ between schemes, so what does ‘in the course of employment mean’?

Please read our previous factsheet to see which scheme you’re covered by and what rules apply.

The Safety, Rehabilitation and Compensation Act – Section 6

Travelling between home and work: Travel between the employee’s residence and the employee’s usual place of work is NOT treated as having arisen out of, or in the course of, employment.

Travelling to or while at a place of work-related education: As long as the worker is attending that place as a condition of employment, or a request from the employer or with approval from the employer this travel is treated as having arisen out of, or in the course of, employment.

On an ordinary recess (break) during a work day: If the workers is on an ordinary recess at their place of work or temporarily absent from work this is a circumstance treated as having arisen out of, or in the course of, employment UNLESS the worker has voluntarily and unreasonably submitted to an abnormal risk of injury.

A major point to take away is that if you are travelling by the request of your employer or as a condition of your employment, this travel will most probably be treated as having arisen out of, or in the course of, your employment.

Workers Compensation Act 1951 – Section 36

Travelling between home and work: A journey between the worker’s home and workplace is an employment related journey.

Travelling to or while at a place of work-related education: A journey between the worker’s home and an educational institution that the worker is attending for an employment-related purpose; is an employment related journey.

If you have sustained a workplace injury and need advice, contact the Injured Workers Service via injuredworkerscbr@unionsact.org.au or on (02) 8294 5181. 

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