Woman wins workers compensation for crash on way home from work

Woman wins workers compensation for crash on way home from work

A Greenway mother injured in a car crash on the way home from work has won a workers compensation claim.

Her employer, QBE Management Services, denied liability, arguing that the woman had already travelled home, and deviated on the journey.

But Chief Magistrate Lorraine Walker on Thursday found the woman had been involved in an employment related journey at the time of the accident.

The court heard the woman, her husband, and young child were planning on moving to a new home in Gungahlin in July 2013.

She had picked up her son at the property – where her husband had been preparing for the move - after work before stopping at Woden for groceries on her way home to Tuggeranong.


She was injured in an accident on Drakeford Drive about 8.50pm.

ACT law covers workers from injury suffered through work related travel, including trips from the workplace to home.

The court heard deviation on the journey is not an issue unless it enhanced the risk of injury.

Lawyers for QBE Management Services argued the woman's home had been Harrison at the time of the accident; therefore she had already travelled home by visiting the property immediately after work.

The company also argued that the woman's two deviations on the journey meant it had ceased being a work related journey.

Ms Walker found the woman's journey had deviated and been interrupted, but said it did not lose the quality of being employment related.

The magistrate said the stops did not increase the risk of injury and found the company liable to pay her compensation.

Michael Inman is a courts reporter for The Canberra Times

Most Viewed in National