So you’re on your way to work on a Monday morning. Perhaps you are driving on the freeway blaring the latest Taylor Swift song. Perhaps you are on the train contemplating life and listening to the latest episode of the Joe Rogan Experience.

All seems to be going swell (at least, for a Monday). That is, until you get injured tripping at the train station on the stairs, or  falling over in the carpark.

Even though you were not at your place of employment and carrying out your duties, you may be able to bring a ‘journey claim’ under section 10 of the Workers Compensation Act 1987 (NSW) (WCA). Section 10(1) provides that an injury suffered on certain types of journeys is an injury for which you can claim compensation. Section 10(3) lists these types of journeys and includes:

  1. The daily or periodic journey between your place of abode and place of employment.
  2. The daily or periodic journey between your place of abode, place of employment, and any educational institution which you may be required to attend by the terms of your employment.
  3. A journey from your place of abode or place of employment for the purposes of receiving medical treatment.
  4. A journey from your place of abode or place of employment for the purposes of receiving a payment of compensation.

There are, of course, some qualifiers. Your injury must NOT be suffered on a deviation from the type of journey listed in section 10(3) (section 10(2)). Your injury must have a ‘real and substantial connection’ with your employment (section 10(3A)).

The case of Singh and Singh v Wickenden [2014] NSWWCCPD 3 is a useful example of this concept in action. Ms Wickenden was employed at a service station. Generally, she worked for 5 days per week from 9:30am to 2:30pm. The owners of the service station wished to train Ms Wickenden to perform additional roles. This required Ms Wickenden to work from 7:30am to 5:30pm. One evening, whilst travelling home after finishing at 5:30pm, Ms Wickenden was involved in a motor accident. Ms Wickenden was entitled to bring a claim for her injuries under section 10 of the WCA. Ms Wickenden was on her daily journey from her place of employment to her place of abode. Further, Ms Wickenden’s accident had a ‘real and substantial connection’ to her employment. Evidence showed that the darkness played a role in the accident. Ms Wickenden would not have been travelling in the darkness if her employer had not of directed her to work additional hours.

Have you been injured on your way to or from work? You might just be able to claim compensation. At Turner Freeman Lawyers, we specialise in all types of Personal Injury claims. We encourage you to call 13 43 63 to speak with one of our Personal Injury Specialists today. Our NSW offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.