News

Workers comp journey claim won by lady with intellectual disability

by

Since June 2012 it is very hard to win a “journey claim”. You can only recover compensation if you can show there is a “real and substantial connection between the employment and the accident”.

An intellectually disabled lady had a nasty fall when she was taking a particular route from her place of work to the bus stop, and was able to show that her employer had directed her to take that particular route and no other route. In her particular circumstances, she could show that she didn’t really have a choice, and that she would not have taken that route unless her employer directed her to do so. The Workers Compensation Commission agreed, and she won her case.

This case is a good example of the lawyers looking at the precise circumstances of her injury, and identifying the link between the injury and the employment rather than just looking at the link between the injury and the journey. Attention to detail wins cases.

Virtu v Greenacres Disability Services [2016] NSWWCC 2