Journey claim WorkCover rules in Queensland for travel to or from work (2026)
A journey claim with WorkCover can cover an injury on a trip between home and work in Queensland. Under s 35 of the Act, your work doesn’t need to have caused the injury. However, a substantial delay, detour or interruption can remove cover. So can certain driving offences, if they were the major significant factor.
Key takeaways
Which journeys a journey claim WorkCover can cover
In Queensland, a journey claim WorkCover accepts can cover some commuting injuries. The rule is in s 35 of the Workers’ Compensation and Rehabilitation Act 2003 (WCRA). It treats an injury as arising out of, or in the course of, employment if it happens while you are:
Work doesn’t need to cause the injury
This is the key feature of a journey claim. Normally, under s 32, employment must be a significant contributing factor to an injury. However, s 35(2) says that for these journeys, employment need not be a contributing factor at all. So a journey claim WorkCover receives for a crash on your usual drive can succeed even though your job didn’t cause it.
Even so, the journey claim WorkCover receives must still pass the other tests. For example, you must be a worker, and you must lodge on time. Our WorkCover claims guide and our guide on how to lodge a WorkCover claim explain those steps.
Where the journey starts and ends for a WorkCover journey claim
The start point is precise. Under s 35(3), a journey to or from home starts or ends at the boundary of your home’s land. WorkCover Queensland puts it plainly. If you’re hurt before leaving home, you haven’t started the work-related journey, and you “won’t be able to get compensation”.
“Home” has a wider meaning too. Under s 35(4), it means your usual place of residence. It also includes a place where you stayed temporarily before the journey, or planned to stay temporarily after it.
Journey claim WorkCover exclusions for delays, detours and driving offences
Section 36 sets out when the Act doesn’t cover a journey injury. First, it excludes an injury if the event happens during or after a substantial delay before you start the journey. Second, it excludes an injury during or after a substantial interruption of, or deviation from, the journey.
However, there are two exceptions. A delay, interruption or deviation doesn’t remove cover if your employment explains it. Nor does it remove cover if it arose from circumstances beyond your control.
To decide what is “substantial”, the insurer must weigh the reason. It must also compare how long the delay or interruption lasted with the journey time. For a deviation, it must also compare the distance of the detour with the distance of the journey. WorkCover says it looks at your individual circumstances when it assesses the claim.
Driving offences and WorkCover journey claims
Cover also depends on how you were driving. Under s 36(2)(a), the Act excludes a journey injury if you were in control of a vehicle and broke one of these laws. The breach must also be the major significant factor causing the event:
A change coming in 2027
This driving offence rule is due to change. The Criminal Code (Dangerous Driving) and Other Legislation Amendment Act 2026 amends s 36. It replaces the reference to Criminal Code s 328A with sections 334I and 334K. Queensland’s legislation register shows that amendment commencing on 1 March 2027. So if your journey happened near that date, check which version of the Act applies.
Breaks, work travel and car accidents
Other trips have their own rules. Under s 34(1)(c), the Act can cover an injury during an ordinary recess, such as a lunch break away from work. However, you lose cover if you voluntarily took on an abnormal risk of injury during the break. Separately, s 34(1)(b) covers time away from your workplace in the course of your employment.
Longer work trips follow a different rule. If you’re hurt while travelling to another city, state or country for work, WorkCover says employment must be a significant contributing factor.
Many journey injuries happen on the road. If another driver caused the crash, the CTP scheme may also apply. Our car accident claims guide explains it. In that case, s 207B gives the WorkCover insurer a first charge over damages you recover. The charge covers the compensation it has paid. A Queensland lawyer can explain how the two schemes interact in your case.
If WorkCover rejects your journey claim
If the insurer rejects your journey claim, WorkCover rules let you seek a review by the Workers’ Compensation Regulator. Generally, you must apply within 3 months after receiving the decision and reasons. Our guide to a rejected WorkCover claim explains the steps and the later appeal to the Queensland Industrial Relations Commission.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
Firms that handle this kind of claim
See Queensland firms ranked for each claim type and area, or put any two or three side by side. Every fact is checked and dated.