On Monday morning last week as I was driving to work I had an accident in which I injured my back. Will I be able to claim workers compensation?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamaila Khan, Kingsville 3012 VIC
- It depends on the state in which you were injured. If you are lodging your claim in New South Wales you may be eligible to make a claim. These claims are known as ‘journey claims’ and may cover injuries suffered while travelling between your workplace and:
- another workplace;
- a place of education such as university or TAFE;
- a place connected with an existing compensation claim such as doctors’ clinics or hospitals; or
- your residence.
- In Victoria, Western Australia and Tasmania injuries suffered while commuting to and from work and your home are generally excluded.
- There are some exceptions to this rule such as injuries sustained in your company car park.
- Injuries that can be shown to have been caused by your workplace may also be covered such as having an accident on the way home because you had been without sleep for 24 hours due to a work emergency.
- If your matter involves injuries sustained outside your place of work you should talk to your lawyer about whether your case falls into an exemption category.