Government removes workers comp for home to work travel

Look out driving to work, it is no longer covered by workers’ compensation.

Everyone is affected by the NSW Government’s changes that remove compensation for injuries that happen on the way to or from work from workers’ compensation coverage. With the support of the Shooters and the Nile Group in the Upper House, the Government has removed the historic protection available for injuries that only happen because you're on your way to or from work. Historically known as "journey claims", this is part of the Government’s attack on workers’ compensation.

While there have been other entitlements slashed and burned, this is the cutback that can affect everyone, every day.

An amendment in the Upper House has provided that accidents which are "incidental" to your work in travelling to or from work may be covered. No one really knows what this means - it draws on the South Australian legislation and the only example given to help understand its implications is a nurse travelling to work and doing a bit of nursing on the way.

Here is a link to a summary of the changes prepared by our solicitors NEW Law and as soon as it is clear what is "incidental", we'll let you know. You should presume the worst.

All we can be clear about at the moment is that if you start work in the field, you are not covered under workers’ compensation as you travel from home to the site but, because you have already started work, the remainder of your journey to your normal workplace is covered.

It's hard to see any logic other than cutting costs in removing journey claims when these claims cover accidents that only occur because someone is travelling to or from work.


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