Workers' Compensation After a Car Accident on Your Journey Home

Fatigue-related car accidents are a significant risk for shift workers, particularly those working night shifts. When an employee is involved in a car accident while travelling to or from work, questions often arise about whether they are eligible for workers' compensation. Understanding fatigue risks, different roster types, and how workers' compensation and rehabilitation processes apply in these cases is crucial for both employers and employees.

Fatigue and Its Impact on Workers' Safety

Fatigue is a well-documented workplace hazard that affects cognitive function, reaction time, and overall alertness. Studies show that staying awake for 17 hours has the same impairment level as a blood alcohol concentration (BAC) of 0.05%, and 20+ hours awake is equivalent to a BAC of 0.08% (Dawson & Reid, 1997). Night shift workers are particularly vulnerable to fatigue-related incidents due to disrupted circadian rhythms and accumulated sleep debt.

Common symptoms of fatigue include:

• Reduced reaction times

• Poor concentration and decision-making

• Microsleeps (brief, involuntary episodes of sleep)

• Increased risk-taking behaviour

When these symptoms manifest during a drive home after a night shift, the risk of a fatigue-related crash is significantly higher.

Roster Types and Fatigue Risk

Certain roster patterns increase the likelihood of fatigue-related incidents:

Roster Type	Fatigue Risk Level	Key Risks
12-hour night shifts	High	Extended wakefulness, lack of quality sleep, increased sleep debt
Backward rotating shifts (e.g. nights to days)	High	Disrupts circadian rhythms, reducing recovery sleep
Split shifts (e.g. a break in between work periods)	Moderate to High	Disrupts sleep cycles, increases total wakefulness
Permanent night shifts	Moderate	Some adaptation possible, but sleep quality is often poor
Forward rotating shifts (e.g. days to afternoons to nights)	Lower	Allows better sleep adaptation, but still disrupts rhythms

Industries such as mining, healthcare, emergency services, and transport often rely on shift work, increasing the risk of fatigue-related incidents on the road.

Workers' Compensation for Journey Accidents

Is a Car Accident Covered by Workers' Compensation?

In Australia, workers' compensation schemes differ by state, but generally, journey claims (accidents occurring while travelling to or from work) may be covered under specific conditions.

State	Journey Claims Covered?	Conditions
QLD	Yes	If the journey was a "necessary and direct" trip between work and home
NSW	Limited	Only covered if there is a real and substantial connection between work and the accident
VIC	Yes	Must be a direct journey with no significant deviations
WA	No	Journey claims are not covered unless work required travel
SA	Yes	Must be a normal journey without detours
TAS	Yes	Covers normal travel directly between home and work
NT	Yes	If the journey was direct and necessary
ACT	Yes	If the journey was not interrupted or for a private purpose

In Queensland, for example, if a worker has a fatigue-related crash after night shift while travelling home directly from work, they may be eligible for workers' compensation. However, if they stopped for groceries or took an extended break before heading home, their claim might be rejected.

Challenges with Fatigue-Related Journey Claims

• The employer or insurer may argue that the worker's personal responsibility (e.g., choosing to drive while fatigued) contributed to the accident.

• If the worker deviated from their usual route, the claim might be denied.

• Some states require proof that work significantly contributed to the accident (e.g., excessive shift hours, lack of fatigue management).

Rehabilitation and Return to Work After a Journey Accident

If a worker is injured in a journey accident, their return-to-work process will depend on the severity of their injuries and their employer's rehabilitation policies.

Steps in the Return-to-Work Process:

1. Workers' Compensation Claim

   • The worker must lodge a claim with their employer’s insurer, providing medical evidence and details of the accident.

2. Medical Treatment & Recovery

   • The worker may need hospitalisation, physiotherapy, or psychological support if dealing with post-traumatic stress from the accident.

3. Workplace Rehabilitation Plan

   • The employer and insurer will develop a Return-to-Work Plan, which may include:

     • Reduced hours or light duties

     • Alternative work if physical tasks are no longer possible

     • Regular medical reviews

4. Fatigue Management Strategies

   • Employers should review shift rosters and implement better fatigue controls, such as:

     • Transport options for night shift workers

     • Fatigue education programs

     • Allowing naps during long shifts

     • Monitoring and limiting extended hours

Preventing Fatigue-Related Journey Accidents

Employers and workers can take steps to minimise the risk of fatigue-related crashes:

Employer Responsibilities:

• Implement a Fatigue Management Plan: Ensure rosters allow for sufficient rest.

• Provide Transport Alternatives: Consider shuttle buses or carpooling for high-risk shifts.

• Encourage Reporting of Fatigue: Workers should feel comfortable reporting fatigue without fear of punishment.

Worker Responsibilities:

• Use Fatigue Management Strategies: Take power naps before driving, and avoid long drives immediately after a night shift.

• Plan Alternative Transport: Arrange for a lift home or use public transport if feeling excessively fatigued.

• Follow Safe Driving Practices: Avoid caffeine reliance as a fatigue countermeasure and take breaks on long drives.

Workers' compensation for fatigue-related journey accidents is complex, with different rules across states. Employers and employees must understand their rights and obligations, particularly in industries reliant on shift work. Prevention is the best approach—proper fatigue management, safe rostering, and alternative transport options can significantly reduce the risk of serious accidents.

If you or a colleague have been involved in a journey accident after night shift, seeking legal and medical advice is essential to understand your options under workers’ compensation laws.

For more guidance on fatigue management and workplace safety, check out Safe Work Australia’s resources or contact your state’s workers' compensation authority.