Understanding a WorkCover Journey Claim: What You Need to Know

If you’ve been injured while travelling as part of your work duties, you may be entitled to make a WorkCover journey claim. These types of claims recognise that work-related injuries can happen outside the usual workplace — including while driving between job sites or attending off-site meetings. In this article, we’ll explain what a journey claim is, how it fits within Victoria’s workers compensation process, and what’s involved in making a successful claim. For tailored legal support, contact Gordon Legal on (03) 9603 3000 — we’re here to help.

What is a WorkCover journey claim?

A WorkCover journey claim refers to a type of workers compensation claim that covers injuries sustained while travelling as part of your work duties. This might include driving between job sites, attending meetings off-site, or making deliveries. If you’re injured in the course of this travel, you may be entitled to claim compensation for medical expenses, lost wages, and rehabilitation support.

In Victoria, not every trip is automatically covered. The journey must be closely connected to your employment — it’s not enough to simply be on your way to or from work (these claims would fall under TAC). Each claim is assessed on its own facts, including the nature of the trip, your role, and whether the travel was necessary for work.

Making a WorkCover journey claim can be complex, especially when insurers question whether the injury occurred “in the course of employment.” This is where the guidance of a WorkCover claim lawyer is invaluable. At Gordon Legal, we provide clear, practical advice to help injured workers understand their rights and get the support they need.

If you’ve been injured while travelling as part of your job, contact Gordon Legal on (03) 9603 3000. We’ll help you navigate the claims process and fight for the compensation you deserve.

How do I file a WorkCover claim for a journey injury?

If you’ve been injured while travelling as part of your work, whether it’s between job sites, attending a meeting, or transporting goods, you might be feeling uncertain about your next steps.

The following steps provide a comprehensive outline to provide some guidance in lodging a WorkCover journey claim.

• Report the injury to your employer
  Notify your employer as soon as possible, ideally in writing. It’s important to keep a record of when and how you reported the injury.
• Seek medical treatment
  Visit your doctor and ensure they complete a Certificate of Capacity, which outlines your injury and any work-related restrictions.
• Complete a Worker’s Injury Claim Form
  You can obtain this form from your employer, WorkSafe Victoria, or a WorkCover claim lawyer. It is important to be clear and accurate when describing how the injury occurred and that it happened while performing work duties.
• Submit your claim to your employer
  Hand both the claim form and Certificate of Capacity to your employer. They are legally required to forward it to their WorkCover insurer within 10 days.
• Get legal support
  Journey claims are often disputed by insurers. For reliable WorkCover legal advice, contact Gordon Legal on (03) 9603 3000. We offer free legal advice for WorkCover claims in Victoria and can help you every step of the way.

Can I claim WorkCover if the accident happened after working hours?

In general, WorkCover claims are designed to cover injuries that occur while you’re performing work-related tasks or travelling as part of your job. This may still include incidents that happen outside regular working hours, as long as the injury is directly related to your work.

For example, if you’re travelling to or from a work event, or if you’re required to attend an off-site meeting or job site after your regular hours, you may still be eligible for WorkCover compensation.

However, if the injury occurred during personal time, outside the scope of your work responsibilities, WorkCover may not cover it. This could be the case if the accident happened during your commute to or from work, or while you were engaged in non-work-related activities. In these circumstances, you may be eligible to make a claim through the TAC. Gordon Legal’s expert team of personal injury lawyers are expertly equipped in guiding you through both the TAC, and the workers compensation processes.

If you’re unsure whether your injury qualifies for a WorkCover claim, it’s always best to seek legal advice. At Gordon Legal, we provide expert advice on how to navigate the workers compensation process and help ensure your claim is handled properly. For support, call us on (03) 9603 3000.

What mistakes do people often make when filing a WorkCover journey claim?

Filing a WorkCover journey claim can be a complex process, and there are several common mistakes that can affect the outcome. Being aware of these pitfalls can help ensure your claim is processed smoothly.

• Waiting too long to report your injury: One of the biggest mistakes is waiting too long to report the injury to your employer. It’s crucial to notify them as soon as possible, ideally within 30 days, to avoid complications.

• Inadequate medical documentation: Failing to provide clear and complete medical evidence, such as a Certificate of Capacity, can lead to delays or a claim rejection. Make sure your doctor accurately documents your injury and its work-related nature.

• Insufficient connection to work: It’s essential to demonstrate how your injury occurred while travelling as part of your work duties. Without a clear explanation, insurers may dispute your claim.

• Seeking legal help too late: Many people wait until their claim is rejected before seeking legal assistance. Engaging a WorkCover claim lawyer early can help you navigate the process, avoid mistakes, and give you a better chance of success. Additionally, Gordon Legal’s team of experienced workers compensation lawyers operate on a no win no fee basis.

At Gordon Legal, we offer workcover legal advice to guide you through the claims process. For assistance, contact us on (03) 9603 3000.

How can I appeal a rejected WorkCover journey claim?

If your WorkCover journey claim has been rejected, it is important not to become discouraged — you still have the right to appeal the decision. The most crucial step you can take is to seek legal advice early.

Engaging an experienced WorkCover claim lawyer as early as possible gives you the best chance of a successful outcome. At Gordon Legal, we’ll review your claim, explain your rights, and guide you through the appeals process with care and expertise. We can also assist you through the following steps, to provide you some extra clarity, during this distressing time.

• Reviewing the rejection letter. Carefully reading the insurer’s decision to understand why your claim was denied can help identify what additional information or clarification may be needed.

• Conciliation. You can apply for a conciliation conference through the Workplace Injury Commission. It’s a free and informal way to try to resolve the dispute with the help of an independent conciliator. If the conciliation does not result in a favourable outcome, Gordon Legal’s team of caring and professional WorkCover lawyers, can assist you in pursuing the matter further.

• Gathering supporting evidence. Depending on the reason for the rejection, you may need further medical reports, witness statements, or documentation to support your case.

We know the WorkCover dispute resolution process can feel overwhelming — but you don’t have to do it alone. Contact Gordon Legal today on (03) 9603 3000, for advice you can trust.