Does Workers Compensation Cover Travel To And From Work Qld?

by | Last updated on January 24, 2024

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It is possible

. If you suffer an injury while you are travelling to or from work, you may be covered by WorkCover Queensland. This is referred to as a “journey claim”.

What does workers compensation cover Qld?

Workers’ compensation is a type of insurance that can pay

the wages and medical costs of employees who have been injured due to their employment

. WorkCover Queensland is the exclusive provider of accident insurance for work-related injuries in Queensland, with the exception of self-insurers.

What is a journey claim?

Journey claims NSW – what is it? Under the NSW Workers Compensation Act, as a worker your journey commences from the moment you cross your home boundary to the moment you cross your employer’s boundary – and

any injuries that occur during these trips

are known as journey claims.

Does workers compensation cover travel to and from work wa?

Generally,

travel between a worker’s residence and place of employment is not covered

. A worker may be covered if they are injured whilst travelling under instruction from their employer in the course of their work, for educational purposes, or to attend a place for treatment of a workers’ compensation injury.

Are employers responsible for employees Travelling to work?

The most relevant legal obligation that could apply to the daily commute is the

statutory duty not to subject employees to a detriment or to dismiss them for taking action because of a serious and imminent danger they believe they face to their health and safety.

Does an employer’s duty of care extend to commuting to work?

Under the existing legislation,

an employer’s duties to ensure the health, safety and welfare of its employees only extend to the workplace or where an employee is acting in the course of their employment

. With very limited exceptions, that does not include risks they may face while travelling to and from work.

How long can you stay on WorkCover Qld?

Length of claim –

up to 26 weeks

.

Can you claim Centrelink while on WorkCover?


If they get a periodic compensation payment such as workers compensation, it will reduce a Centrelink payment by a dollar for every dollar of compensation received

. This could also affect their partners’ Centrelink payment.

What to do if you’re injured and can’t work?


Report your injury or illness to your employer or supervisor as soon as possible

. You will have to fill out a report. You must do so honestly and to the best of your ability. It will be the foundation of your workers’ comp claim, along with your diagnosis, medical treatment, and rehabilitation efforts.

What is a recess claim?

If a worker on any day on which the worker has attended at the worker’s place of employment pursuant to the worker’s contract of service or training contract– (a) is temporarily absent from that place on that day during any ordinary recess or authorised absence, (b) does not during that absence voluntarily subject …

Is travel to work covered under workers compensation NSW?

Claims while on a journey


If you are injured while travelling for the purposes of work, then you may be able to lodge a claim for workers compensation

. If you are injured while travelling to or from work and your home then you may be able to lodge a claim for workers compensation.

Does workers compensation cover travel to and from work Victoria?


WorkCover insurers are able to reimburse you for the reasonable cost of travel to and from a conciliation conference

. As at 1 July 2020, the maximum amount that they can reimburse you for is $63 which includes any kilometres travelled as well as the cost of any parking.

What does workers compensation not cover?


An injury that does not lead to fatality or partial disability after 3 days

will not cover. Any liability towards contractual employees unless contractual employee cover purchased by an employer. Any unspecified liability towards employees on a contractual basis. If any health risk under the influence of drugs or …

What is Workplace injury Rehabilitation and compensation Act 2013?

The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act)

addresses what happens when a Victorian worker is injured or killed

. It covers: insurance. workers compensation.

Is there super on workers compensation payments?


Superannuation is generally not payable while an employee is on workers compensation

however there are exceptions.

Does your employer have to provide transport?


Employers are not obliged to provide transport to employees who perform night work

but transport must be available between the workplace and the employee’s place of residence. However, this transport must be suitable.

What is classed as reasonable Travelling distance?

Reasonable Commuting Distance means

a distance that is fewer than 50 straight-line miles from the Business Employee’s principal residence

. In addition, a distance that does not increase a Business Employee’s commute by more than five straight-line miles shall also be a Reasonable Commuting Distance.

What is the law on travel time to work?


For every 24-hour period, workers are entitled to at least 11 hours of rest

. All employees are also entitled to an uninterrupted 20-minute break when they work for more than six hours. If an employee’s working day is extended to include travel time, you may be required to give them more rest breaks.

Are workers commutes covered by health and safety law?

The most relevant legal obligation that could apply to the daily commute is the

statutory duty not to subject employees to a detriment or to dismiss them for taking action because of a serious and imminent danger they believe they face to their health and safety.

What is classed as a permanent place of work?

A place at which an employee works is a permanent workplace

if he or she attends it regularly for the performance of the duties of the employment

. It is usually clear whether or not a place is an employee’s permanent workplace (and, therefore, whether a journey to that place is ordinary commuting).

How will employers do the duty of care to the employees?

Your employer has a responsibility to

provide and maintain, as far as practicable, a safe working environment

, under section 19(1) of the Occupational Safety and Health Act 1984. This is called the employer’s ‘duty of care’ and it applies regardless of the terms or type of your employment and includes casual workers.

Do you accrue annual leave while on workers compensation in Qld?

NSW, Qld, Tas, SA, Vic and WA

Yes.

Annual leave can accumulate during workers compensation

.

Do you accrue annual leave while on workers compensation in Queensland?

In Queensland and Western Australia,

employees continue to accrue annual leave and can take annual leave while receiving workers compensation

. This is the same for employees in South Australia unless an employee isn’t able to work for 52 weeks or more.

Can I resign while on WorkCover Qld?


An employee can resign from their job while they’re on workers compensation

. They: have to give the correct notice period to their employer. can use their workers compensation period as the notice period.

Does compensation count as income Centrelink?

Not already receiving a payment

If the client has a partner who is receiving a Centrelink payment,

any excess compensation will be treated as ordinary income under the partner’s income test

. Excess compensation is the amount in excess of the client’s maximum basic rate of payment (including pension supplement).

How much money can you have in the bank and still get Centrelink?

The limit is a total of both:

$10,000 in one financial year, and

.

$30,000 in 5 financial years

– this can’t include more than $10,000 in any year.

Does compensation affect age pension?

If you receive a regular or periodic compensation payment

it may affect only your pension, income support supplement or veteran payment or it may affect your partner’s pension, income support supplement or veteran payment as well, depending on your circumstances

.

Timothy Chehowski
Author
Timothy Chehowski
Timothy Chehowski is a travel writer and photographer with over 10 years of experience exploring the world. He has visited over 50 countries and has a passion for discovering off-the-beaten-path destinations and hidden gems. Juan's writing and photography have been featured in various travel publications.