Posted on 09 Apr 2026

Accident on the Way to Work? What You’re Entitled to in QLD

Quick facts about QLD journey claims

Question	What it means for your journey claim
What’s covered?	Direct journeys to and from work or while driving for work-related reasons.
Do I have to prove someone else was at fault?	No, you don't need to prove anyone was at fault.
When do I have to claim by?	Lodge within 20 days to get full back pay. Final deadline to file your claim is six months after the injury happened.
How much will I get per week?	Max weekly payment is 85% of your Normal Weekly Earnings or 80% of the Queensland Ordinary Time Earnings ($1,953.70 as of July 2025).
Can I get a lump sum payout?	Yes, if your injury is permanent or happened because of your employer’s negligence.
Can I make a motor accident claim too?	Yes, if another driver caused the accident — but any WorkCover payments must be refunded from your final settlement.

What is a journey claim in Queensland?

In Queensland, a journey claim is a WorkCover claim for injuries sustained while commuting or driving for work. Unlike some other states, you generally do not need to prove the accident was ‘work-related’, only that it happened during your commute (Worksafe QLD).

Am I eligible for a WorkCover journey claim?

To be eligible for a WorkCover journey claim, you must:

Have started your journey: Coverage begins once you leave your property boundary (e.g. your front gate or driveway), so you can’t claim for injuries that happen at home. This is called the ‘boundary rule’.
Travel directly: You must be travelling between your home and your workplace, or a trade/ training school.
Avoid major delays: Your journey should be made within a reasonable timeframe of your shift starting or ending. If you made a ‘substantial deviation’ for personal reasons (like stopping for a long grocery shop), your claim may be rejected.

Examples of valid journey claims

You may be covered while travelling:

Between your home and your regular place of work.
To or from training sessions required for your job.
Between two different jobs with separate employers.
To a medical or rehabilitation appointment for an existing WorkCover claim.
For work-related reasons, e.g. if you’re a delivery driver or work across multiple branches of the same company.

What if I’m travelling for work?

If you are travelling outside your normal work location (such as inter-city, interstate, or overseas), the rules are slightly stricter. In these cases, your employment must be a ‘significant contributing factor’ to the injury for the claim to be accepted.

Start your free online claim check

Find out if you’re eligible for a workers comp journey claim today.

Check your claim nowIt only takes 2 minutes.

What to do after an accident on the way to work

See a GP immediately: This is your first and most critical step. Request a Work Capacity Certificate (WCC) specifically, as it’s the only medical document WorkCover will accept to trigger a claim.
Make a police report: If you were in a motor vehicle accident, you must report it to the police to receive an event number. While you have up to 28 days, doing this within 24 hours is best.
Note your journey boundaries: Write down your exact route from home to work, including exactly where the accident occurred.
Preserve dashcam and CCTV: Digital evidence is your best defence against a ‘substantial deviation’ allegation. Most dashcam and commercial CCTV footage is overwritten within 30 days, so ensure you formally request any footage of the incident immediately.
Consult a lawyer: A free consultation with a lawyer can help clarify what claim you’re eligible for and the best strategy for maximising your compensation.

How much compensation will I get?

In Queensland, if you are injured while travelling to, from, or because of work, you are generally entitled to three types of compensation under the Workers Compensation and Rehabilitation Act 2003.

If your injury reduces your ability to work, WorkCover provides weekly payments to replace your income. The amount depends on a few figures, including your Normal Weekly Earnings (NWE), how long you’ve been off work, and the Queensland Ordinary Time Earnings (QOTE) (currently $1,953.70 as of 1 July 2025).

Period of claim	Payment rate
First 26 weeks	You receive 100% of your industrial award. If no award applies, you receive the greater of: • 85% of your NWE or • 80% of QOTE, capped at your NWE.
26 weeks to 2 years	You receive the greater of 75% of your NWE or 70% of the QOTE.
2 to 5 years	You can continue receiving up to 75% of your NWE if your Degree of Permanent Impairment (DPI) is over 15%. If your impairment falls below this, your weekly payments fall to the single Age Pension rate.

Treatment and recovery expenses

WorkCover can pay for reasonable and necessary costs related to your treatment and rehabilitation, including:

GP and specialist consultations.
Hospital treatment and surgery.
Physiotherapy and prescribed medications.
Travel expenses to and from medical appointments.

Once your injury has stabilised — meaning it’s reached ‘Maximum Medical Improvement’ and is unlikely to change with time or more treatment — you’ll receive a Notice of Assessment that contains a lump sum offer.

To qualify, you’ll need to get your Degree of Permanent Impairment (DPI) assessed by a qualified medical professional. Any DPI over 0% will qualify for compensation. Generally speaking, the higher your DPI, the more compensation you receive.

Estimated lump sum payouts (2025–26)

Your lump sum compensation is calculated by applying your DPI to the maximum statutory amount. For the 2025–26 period, this maximum is $422,292.26.

Degree of Impairment (DPI)	Estimated Total Payout (2025 – 26)
5% DPI	$21,115
10% DPI	$42,229
20% DPI	$84,458
30% DPI	$142,611
40% DPI	$275,140
50% DPI	$407,652
65% DPI	$587,965
80% DPI	$788,278
100% DPI	$844,584

Note: If your DPI is less than 20%, accepting the statutory lump sum offer means forfeiting your right to pursue a common law claim. Always seek legal advice before saying ‘yes’ to an offer.

Additional lump sum for DPI of 30% or more

If your DPI is assessed at 30% or higher, you may be entitled to an extra lump sum payment. This additional amount is calculated using a graduated scale set out in the Workers Compensation and Rehabilitation Regulation 2025.

If your injury was caused by your employer’s negligence, you can make a common law claim. These settlements are often significantly higher because they are not restricted by the same fixed tables as statutory benefits.

Your exact options depend on your DPI:

DPI 0%: You won’t receive a permanent impairment lump sum offer, but you can make a common law claim. Don’t be discouraged by a 0% DPI. In many cases, injured workers with a 0% DPI have still gone on to secure substantial settlements, including six-figure outcomes.
DPI 1 – 19%: You must make a final choice between accepting the statutory lump sum or pursuing a common law claim — you cannot do both.
DPI 20% or more: You can accept the lump sum payment and still go on to pursue a common law damages claim.

A common law settlement can include:

Total past and future loss of income (including superannuation).
Loss of future earning capacity (if you’re permanently unable to work or working less because of your injury).
Future medical care and domestic assistance.
Pain and suffering (the negative impact of the injury on your life).

What if my journey included a significant detour or delay?

If your journey to or from work included a significant detour or delay for personal reasons, WorkCover may reject your claim. However, you may still have two other pathways to compensation:

If another driver caused (or partly caused) the accident during your detour, you can lodge a Compulsory Third Party (CTP) claim. CTP can often be more generous than WorkCover because it is not limited by strict statutory tables.

Depending on your situation, your CTP claim can cover:

All lost income: Past and future earnings, including superannuation.
Medical costs: Private hospital stays, specialist rehab, and equipment.
Pain and suffering: A lump sum for the impact on your lifestyle, calculated using an Injury Scale Value (ISV) from 0 to 100. Any ISV over 0 will qualify for this type of compensation.
Care and support: Compensation for help from family or professional cleaners/nurses.

If the accident was your fault and you suffered a catastrophic, life-altering injury, you may be eligible for the National Injury Insurance Scheme Queensland (NIISQ).

NIISQ is a no-fault scheme, meaning it doesn’t matter why you detoured or who caused the crash. It provides lifetime treatment, care, and support for injuries such as:

Permanent spinal cord or traumatic brain injuries.
Multiple amputations or severe burns.
Permanent blindness.

How long do I have to claim?

In Queensland, time limits apply to all WorkCover journey claims:

Reporting time limit: You must inform your employer of the injury as soon as possible. Once notified, your employer has eight business days to report the incident to WorkCover.
20-day back pay rule: WorkCover is only required to back-pay your lost wages for the 20 days prior to your lodgement. This means if you take longer than 20 days to file a claim, you may lose weeks of income that you can never get back.
The six-month hard limit: You must formally lodge your WorkCover application within six months of the injury. This can extend to six months from the date you first realise your condition is linked to work (if your condition developed gradually).

If you’ve missed any of these time limits, you may still have options. The courts may allow an extension if you have a valid reason for the delay, like medical issues that stopped you from lodging earlier or being outside Queensland for a significant period (Workers Compensation and Rehabilitation Act 2003 [QLD]).

How much does a WorkCover claim cost?

The cost of a legal claim in Queensland depends on its complexity, but we ensure you’re never out of pocket. We operate on a No Win, No Fee basis, which means if we don’t win your claim, you won’t pay a cent — it’s that simple.

Here’s what you can expect:

No upfront costs: You don’t pay anything to get started. We cover the costs of running the claim, including expert reports, admin, and legal work.
Clear, agreed pricing: We’ll explain exactly how our fees are calculated before your claim begins, so there are no unexpected costs later.
Pre-court settlements: We’re experts at resolving WorkCover matters through negotiation or mediation, which helps keep costs lower and avoids the stress of court.
Costs recovered from the insurer: In successful claims, we often recover some (or all) of your legal costs from the other side, so you keep more of your compensation.
Cooling-off flexibility: We offer a 60-day free trial, so you can evaluate our services before committing to your claim. If you cancel within this time, there’s nothing to pay.

Can I make both a workers comp and a motor accident claim?

Yes, you can if you qualify for both — but you can’t ‘double dip’. Here’s how the two systems can work together:

Immediate support (WorkCover claim): Because CTP claims can take 12–18 months to resolve, WorkCover can provide the immediate weekly wage replacement you need, as well as pay for your initial surgeries, physio, and medication.
Long-term payout (CTP claim): If another driver was at fault, your CTP claim covers the gaps that WorkCover doesn't. This includes 100% of your past and future lost income, lost superannuation, and a lump sum for pain and suffering.

To ensure you aren’t paid twice for the same injury, WorkCover is legally entitled to a refund from your final CTP settlement. Only the specific money WorkCover gave you for lost wages and medical expenses is refunded.

Comparison: What each claim covers (2025–26)

Feature	WorkCover	Motor accident (CTP)
Fault required?	No	Yes (Must prove someone else's negligence)
Weekly wages	Up to 85% of your Normal Weekly Earnings)	100% of your past lost wages + estimated future lost income.
Pain and suffering	Available for any injury with a DPI over 0%	Available for any injury with an ISV over 0.
Superannuation	Not covered	Full past and future loss covered
Speed	Begin receiving weekly payments within weeks of lodging	Lump sum usually received after 6 to 18 months, depending on how long your injury takes to stabilise

When should I speak to a lawyer?

In Queensland, a journey claim often turns on the results of a single medical assessment. One percentage point can be the difference between a minor payout and a life-changing settlement. You should seek legal advice if:

You’ve received a Notice of Assessment (NOA): A lawyer will explain what you’re entitled to and evaluate if making a common law claim is the better path for you.
You’re just under 20% DPI: If your injury is assessed at 19% DPI, you are forced to choose between a lump sum and a common law claim. Your lawyer can get a second medical opinion to counter unfair DPI assessments and get your injury over the threshold.
The insurer is disputing your route: If WorkCover claims you made a substantial deviation and denies your claim, a lawyer can help you gather the evidence needed to prove your journey was direct.
You're worried about double dipping: If you’re eligible for both a WorkCover and a CTP claim, the math can get complicated. We ensure that the ‘refund’ WorkCover takes from your final settlement is fair and that you aren't paying back more than you have to.

Frequently asked questions

In Queensland, you’re generally covered by WorkCover if you’re injured while stepping out for a sandwich or running a quick errand during your lunch break. This is known as an ‘ordinary recess’ claim (Section 34 of the Workers Compensation and Rehabilitation Act 2003).

For your claim to be accepted, the break must be:

Permitted: It occurs during a period your employer allows, such as your standard lunch hour or a tea break.
A temporary absence: You must have attended work that day and intended to return to work after the break.
Free from ‘abnormal risk’: Your claim may be rejected if you voluntarily subject yourself to an abnormal risk of injury during the recess (for example, deciding to go rock climbing during your lunch break).

In Queensland, your payout can be reduced if your own actions contributed to the accident or the severity of your injuries. This is known as ‘contributory negligence’ (Civil Liability Act 2003 (QLD)).

Here are some of the most common examples:

Intoxication: If you were under the influence of drugs or alcohol.
Safety equipment: Failing to wear a seatbelt or helmet.
Speeding or illegal maneuvers: If your driving contributed to the crash.
Ignoring work safety rules: Failing to follow workplace safety training during your journey can disqualify part of your claim.

In most cases, no, you won’t have to pay for the damage if the accident happened while you were doing your job.

When you’re an employee, your employer is usually responsible for what’s called ‘vicarious liability’. This means they bear the financial risk for actions you take in the course of your employment, even if the accident was your fault.

When are you protected?

You’re generally covered if:

You were driving as part of your job.
The trip was authorised or work-related.
You were acting within the normal scope of your duties.

In these situations, your employer typically cannot require you to pay for:

Vehicle repairs.
Insurance excess.
Damage to third-party property.

They also generally can’t deduct money from your wages without your clear, written consent.

When might you have to pay?

You may be personally responsible in limited situations, such as:

Serious misconduct: Such as drink driving, drug use, or deliberately reckless behaviour.
Unauthorised personal use: If you were using the vehicle for a private purpose that wasn’t approved (e.g. a weekend trip or personal errand unrelated to work).

What if you’re a contractor?

If you’re an independent contractor rather than an employee, the situation is less straightforward.

Your liability will usually depend on:

The terms of your contract.
Who owns and insures the vehicle.
How much control the company has over your work.

In some cases, contractors may be required to pay the insurance excess or contribute to repair costs.

What to do if your employer asks you to pay

Don’t agree on the spot: You’re not automatically liable just because an accident occurred.
Check your contract and payslips: Employers generally can’t deduct money from your wages without proper authorisation.
Get legal advice if unsure: A quick review with a lawyer can clarify whether you’re actually responsible.