Can Coal Miners Claim Workers Compensation for Travel Injuries in NSW?

Quick Summary

Coal miners in NSW can claim workers compensation for injuries sustained while travelling to or from work. Under section 10 of the Workers Compensation Act 1987 (NSW), a journey begins at the boundary of the home’s land, not the front door. Exceptions apply for detours, journey breaks, and at-fault accidents. A concurrent CTP claim under the Motor Accident Injuries Act 2017 (NSW) may also be available, subject to strict time limits.

Many coal miners know they are entitled to workers compensation if they are injured on the job. What is less commonly understood is that these entitlements can extend beyond the mine site itself, covering injuries that occur while travelling to or from work.

This is known as a journey claim, and it is a right that applies specifically to workers employed in or about a coal mine in NSW. For workers in most other industries, journey claims are generally not available. This makes the entitlement particularly significant for those in the coal mining sector.

Understanding where your journey legally begins, what qualifies as a covered journey, and what exceptions can defeat a claim is essential to protecting your rights after an injury commuting to or from a coal mine.

What Is a Journey Claim for Workers Compensation?

A journey claim is a workers compensation claim for a personal injury sustained while travelling between home and work.

As set out in section 10(1) of the Workers Compensation Act 1987 (NSW), a personal injury received by a worker on a covered journey is treated as an injury arising out of or in the course of employment, and compensation is payable accordingly.

Under section 10(3) of the Act, the journeys to which this section applies include:

• The daily or other periodic journeys between the worker’s place of abode and place of employment
• Journeys to or from a medical appointment to obtain treatment or a certificate in connection with a work injury
• Journeys to or from an educational institution that the worker is required or expected to attend as part of their employment

Importantly, section 10(3A) requires that there be a real and substantial connection between the employment and the accident or incident out of which the injury arose for a journey to or from the place of abode to be covered.

For further general information about how the coal mining workers compensation scheme operates, Coal Services NSW administers the Coal Mines Insurance (CMI) scheme, which is the specialised workers compensation scheme for the NSW coal industry.

READ MORE: Coal Mining Injury Claims in NSW: Compensation, Time Limits and Your Legal Rights

Where Does a Journey Claim Legally Begin?

This is one of the most commonly misunderstood aspects of journey claims.

As expressly provided in section 10(4) of the Workers Compensation Act 1987 (NSW), a journey from a worker’s place of abode commences at, and a journey to a worker’s place of abode ends at, the boundary of the land on which the place of abode is situated.

In practical terms, this means:

• An injury that occurs while walking from your back door to your garage on your own property is not covered. You have not yet crossed the boundary of your land
• An injury that occurs after you exit your property. For example, in a car accident on the road — may be covered as a journey claim

This boundary rule can determine whether a claim succeeds or fails, making the precise circumstances of your injury critical to assess.

Common journey claim scenarios include:

• Motor vehicle accidents on the way to or from a coal mine
• Bicycle accidents after leaving the boundary of the home
• Public transport injuries during the commute to work

When Can a Journey Claim Be Rejected?

Not every injury sustained during a commute will qualify as a compensable journey claim. Several exceptions can disqualify an otherwise eligible claim, even for coal miners.

Under established case law and the provisions of the Workers Compensation Act 1987 (NSW), a journey claim may be defeated where:

• The worker took a detour that significantly deviated from the ordinary route and substantially increased the risk of injury
• There was a substantial break in the journey. For example, stopping to run personal errands. That interrupted the character of the journey to or from work
• The worker was at fault in a motor vehicle accident due to intoxication or serious negligence
• There was no real and substantial connection between the employment and the accident, as required by section 10(3A)

Because these exceptions are fact-specific and the law is applied strictly, seeking legal advice as soon as possible after a commuting injury is important.

Journey Claims vs Work-Related Injuries: What Is the Difference?

A journey claim is legally distinct from an injury sustained during the course of employment.

For example, if a coal miner is injured while driving a vehicle as part of their work duties after arriving on site, that injury is a work-related injury, not a journey claim. Liability is assessed differently, and different evidence requirements apply.

In both scenarios, workers compensation for coal miners may apply but correctly identifying which category your injury falls into affects how a claim is lodged, which insurer handles it, and what evidence needs to be gathered. A solicitor experienced in coal mining workers compensation can help identify the right pathway for your circumstances.

Can You Make Both a Workers Compensation Claim and a CTP Claim?

Yes. If you are injured in a road accident during your journey to or from work, you may have a concurrent entitlement under the Motor Accident Injuries Act 2017 (NSW), which establishes the NSW compulsory third party (CTP) insurance scheme.

As explained by SIRA’s guide for people injured in motor crashes in NSW, a CTP claim may entitle an injured worker to:

• A percentage of pre-accident weekly earnings if time off work is required
• Reasonable and necessary treatment and care costs
• Paid domestic and personal care while recovering
• Lump sum compensation for permanent impairment (in serious cases where the worker was not at fault)

Time limits are strict. According to the Law Society of NSW, injured workers have 28 days from the accident to lodge a CTP claim to be eligible for income loss benefits from the date of the accident. The final lodgement deadline is generally three months from the accident, though extensions may be available in some circumstances. Do not delay in getting advice if you have been injured in a road accident during your commute.

What Compensation Is Available Through a Journey Claim?

Once a journey claim under the Workers Compensation Act 1987 (NSW) is accepted, the full range of workers compensation benefits applies, including:

Coal miners also have access to the specialised Coal Mines Insurance scheme administered by Coal Services NSW, which provides coverage specific to the NSW coal industry.

READ MORE: Workers Compensation Medical Expenses: Coal Miners’ Rights Explained

Injured Travelling To or From Work? Find Out What You Can Claim

If you’ve been injured while travelling to or from a coal mine, you may have access to workers compensation benefits, medical expenses, weekly income support, and potentially a CTP claim following a road accident.

However, journey claims are governed by specific legal requirements, and factors such as detours, journey breaks, and fault can affect your eligibility.

Whitelaw McDonald Lawyers has extensive experience helping injured coal miners navigate journey claims and secure the compensation they are entitled to.

We’re a no win, no fee lawyers firm in NSW.

If you’re not sure if you have a claim, try out our free workers compensation claim check to find out in minutes, or call us today for a no-obligation consultation:

• Newcastle (02) 4941 8999
• Central Coast (02) 4343 7000 
• Sydney (02) 9238 2120 
• Coffs Harbour (02) 6659 2077

Frequently Asked Questions

What is a journey claim in workers compensation? 

A journey claim is a workers compensation claim for an injury sustained while travelling between home and work. Under section 10 of the Workers Compensation Act 1987 (NSW), such injuries are treated as having arisen out of or in the course of employment, and compensation is payable accordingly.

Are journey claims available to all NSW workers? 

No. Journey claim entitlements are generally available only to workers employed in or about a coal mine in NSW. Workers in most other industries do not have access to journey claim coverage, making this a significant and industry-specific right.

Where does my journey legally begin? 

As defined in section 10(4) of the Workers Compensation Act 1987 (NSW), a journey from your place of abode begins at the boundary of the land on which your home is situated, not your front door. An injury within your property boundary before reaching that line is not covered.

What can disqualify a journey claim? 

A claim may be disqualified if the worker took a significant detour, had a substantial break in the journey, was at fault due to intoxication or serious negligence, or if there was no real and substantial connection between the employment and the accident as required by section 10(3A) of the Act.

Can I make both a workers compensation journey claim and a CTP claim?

Yes, in many cases. If the injury occurred in a road accident, you may have concurrent entitlements under workers compensation and the Motor Accident Injuries Act 2017 (NSW). Time limits apply to CTP claims. Injured workers should lodge within 28 days to preserve income support benefits from the date of the accident.

Do I need a lawyer for a journey claim?

While not legally required, journey claims can be complex, particularly where the circumstances of the journey are disputed or exceptions are raised by the insurer. Legal advice helps ensure the claim is correctly lodged, evidence is preserved, and all available entitlements are identified.