If your employee injures themselves at work, they may be entitled to compensation benefits. However, what if an employee gets injured on their way to work? Your obligation as an employer to pay for workers’ compensation will differ depending on the state or territory of operation. This article answers whether you are responsible if your employee receives an injury on their way to work.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Differences Between the States and Territories
Each state and territory in Australia has slightly different rules surrounding workers’ compensation. While some states legally require employers to compensate for injuries an employee receives on the way to work, others have no such requirement. As a result, it is critical to understand the legal obligations relevant to your business location.
| State/Territory | Compensation Requirement | Additional Information |
| South Australia | Generally not legally responsible for employee injuries during commute. | |
| Tasmania | Generally not legally responsible for employee injuries during commute. | |
| Western Australia | Generally not legally responsible for employee injuries during commute. | |
| Victoria | Generally not legally responsible for employee injuries during commute. Employees can apply for compensation under a separate transport accident scheme. | |
| New South Wales | Usually not responsible, but may need to pay if there is a substantial connection between employment and accident causing injury. | Examples of substantial connections include directed work-related activities during a commute, travelling to meet a client or accidents caused by work-related factors like fatigue or working overtime. |
| Northern Territory | Generally legally responsible for employees during the commute. | |
| Australian Capital Territory | Generally legally responsible for employees during the commute. | |
| Queensland | Generally responsible for employees during commute with exemptions. | Exemptions include employees breaking road rules or committing a crime leading to injury, an injury occurring too long before the work journey, or substantial deviation from the work route unless caused by employment or beyond the employee’s control. |
Travel for Work Purposes
Often, employees not only travel to and from work but also during the workday. Therefore, if your employee injures themself during the workday, you may be legally responsible. This means that you may need to pay worker’s compensation for your injured worker.
Continue reading this article below the formKey Takeaways
As an employer, you have obligations to compensate workers who receive injuries at work. However, if an employee gains an injury while on the way to work, your legal obligations will differ depending on the state or territory in which you are based. If the journey either had sufficient connection to their employment or was for work purposes, you might be responsible. If your employee is injured due to their own serious and willful misconduct or breaking the law, you are most likely not responsible. To be safe, ensure that you have the appropriate cover and insurance policy to be protected if any workers’ compensation claims arise.
If you have any questions about your employment responsibilities and requirements, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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