Should the Northern Territory be included for a journey claim? I understand that a journey claim occurs where workers’ compensation is claimed for a personal injury received by an employee on their journey to and from their place of residence to work.
But for a journey claim to qualify there can be no interruption to the journey or substantial deviation made for any reason unconnected with the employee’s employment. If the journey is interrupted the journey will not qualify for cover.
Journey claims can be claimed in the Australian Capital Territory and Queensland, but are not covered in South Australia, Tasmania, Victoria, New South Wales and Western Australia (although other options for claiming compensation apply through statutory or common law rights).
Around Australia, several jurisdictions treat ‘travel to and from work claims’ (i.e. daily commute to and from work) and ‘work-related travel claims’ (i.e. travelling somewhere as directed by your employer) differently.
Generally, injuries that occur where a worker has been directed to travel from one place of work to another are compensable where it can be shown that a worker’s employment was a significant or substantial cause of the injury.
For the Northern Territory, an injury or death sustained as a result of an accident involving a motor vehicle may be a claim under the Motor Accidents (Compensation) Act 1979 or a workers’ compensation claim under the Return to Work Act 1986. Coverage of these injuries depends on factual circumstances and common law principles.
Please refer to the NT WorkSafe’s Guidelines for the settling of journey claims here for more information.
Further, we suggest you review Chapter – Workers’ Compensation in your Health & Safety Handbook to help with your enquiry.