Many people know that if you’re injured at work, you have the right to claim workers compensation. But what many coal miners don’t realise is that your entitlements may also extend beyond the job site – including injuries sustained while travelling to or from work. This is known as a journey claim.

In New South Wales, workers compensation for coal miners includes coverage for certain injuries that occur on the way to work or on the way home. If you’re employed in or around a coal mine, it’s important to understand these rights and when they apply.

What is a journey claim for workers compensation?

A journey claim refers to an injury that happens during your usual travel between your place of abode (home) and your place of work. This entitlement is generally exclusive to people employed in or about a coal mine. If you’re not working in the coal mining industry, journey claims are usually not available – though it’s always best to seek specific legal advice.

Your journey is considered to begin once you exit the boundary of the land where your home is located. For example, if you’re injured while walking from your back door to your garage within your own property, you won’t be covered. However, if you’re involved in a car or motorbike accident after leaving your property and before arriving at work, you may be eligible to make a journey claim under workers compensation for coal miners.

You can find more information about coal industry workers compensation on the Coal Services NSW website.

When does your journey begin?

The law defines the starting point of your journey as the boundary of your land – not your front door. This can make a big difference in whether a claim is successful.

Some of the most common journey claims include:

  • motor vehicle accidents on the way to or from a coal mine
  • bicycle accidents after leaving home
  • public transport injuries during commute.

If you’re unsure whether your injury is covered, it’s important to speak to a workers compensation lawyer as soon as possible.

Exceptions to journey claims

There are several exceptions that may disqualify a claim, even for coal miners. For example:

  • if you take a detour that significantly increases your risk of injury
  • if there is a substantial break in your journey (e.g. stopping to run errands)
  • if you were at fault in a motor vehicle accident due to intoxication or negligence.

The law is strict in this area, so it’s vital to seek guidance from a qualified professional.

A journey claim is different from an injury sustained during the course of your employment. For example, if you arrive at work and are then required to drive a vehicle as part of your job and you’re injured, that’s considered a work-related injury – not a journey claim.

In both scenarios, workers compensation for coal miners may apply – but the distinction matters, particularly for how liability is assessed and what evidence is required.

Can I also claim under the Motor Accidents Act?

Yes – if you’re injured in a road accident during your journey to or from work, you may also be eligible for compensation under the Motor Accidents Injuries Act 2017 (NSW). This is sometimes called a third-party claim.

You may be entitled to:

  • weekly payments for lost income
  • medical expenses
  • lump sum compensation (in serious cases).

Importantly, there are strict time limits for lodging these claims, so don’t delay in getting advice.

Your next steps

If you’re a coal miner who has been injured while commuting, it’s worth asking: Are you eligible to make a journey claim? The answer will depend on the specific details of your injury, your employment status, and how your journey unfolded.

Remember: once a journey claim is accepted, all of the usual workers compensation benefits apply, including:

  • medical treatment
  • weekly income support
  • lump sum payments for permanent impairment.

At Whitelaw McDonald Lawyers, we have experience helping workers understand their rights and entitlements. If you’re uncertain about your eligibility or next steps, we can assist with advice tailored to your situation.

NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.