If an employee is injured at the workplace, generally the injury can be classified as a work-related injury and qualify for compensation. But if an employee is injured on the way to work, is the employer liable to pay compensation? This article will help you better understand whether an employer is liable for compensation for an employee’s injury on the way to work under different circumstances.

Differences Between States and Territories

In South Australia, Tasmania, Western Australia and Victoria, employers are generally not legally liable for injuries sustained by employees on the way to work. In Victoria, if an employee is injured on the way, they can apply for compensation under the separate transport accident compensation scheme.

However, in New South Wales, the situation is somewhat different. Generally, employers are not liable for injuries sustained during the commute. Exceptions apply where the accident causing the injury is connected to work, such as in the following circumstances:

1. Collecting work-related mail, items or packages on the way to work.
2. Travelling to a work-related training location.
3. Travelling to meet with a client.
4. Traffic accidents caused by fatigue arising from consecutive workdays.

In the Northern Territory and the Australian Capital Territory, employers are generally liable for injuries sustained by employees on their commute.

In Queensland, employers are liable for commuting injuries in most cases. However, the following exceptions apply:

1. The employee’s injury is caused by breaching traffic rules or related regulations.
2. Injuries occurring too far outside the commuting time.
3. The employee deviated from the commuting route.

Travel for Work Purposes

During employment, employees travel not only for their commute but also during the workday itself. If an employee has an accident during a workday, the employer will generally also be legally liable and required to pay the corresponding compensation.

In most states and territories, the scope of work-related travel is relatively broad.

Including but not limited to the following scenarios:

1. Travel during the lunch break
2. Travel for training sessions
3. Travel to obtain work-related certifications
4. Travel to meet with clients

Key Points

• In most parts of Australia, employers are unlikely to be liable for injuries sustained by employees on their commute.
• If the injury is the employee’s own fault, employers have even less reason to worry about liability.
• However, because the regulations differ between states and territories, the situation can vary.
• In any case, obtaining appropriate insurance is essential — once an accident occurs, it provides employers with greater protection.
• If you still have any questions about workplace injuries, please feel free to Contact Us for more information.

Overview of Relevant Regulations Across Australian States and Territories

In New South Wales – NO

In NSW, employers are generally not liable for injuries sustained during the commute. However, if the accident causing the injury is connected to work — for example, meeting with a client or collecting mail for the company — the employer may be liable.

In Victoria – NO

In Victoria, employers are not liable for injuries sustained by employees during their commute.

In Queensland – YES

In Queensland, employers are generally liable for injuries sustained by employees during their commute. However, certain circumstances are exceptions — for example, where the injury is caused by the employee’s own conduct in breaching traffic rules.

In South Australia – NO

In South Australia, employers are generally not liable for injuries sustained by employees during their commute.

In Tasmania – NO

In Tasmania, employers are generally not liable for injuries sustained by employees during their commute.

In Western Australia – NO

In Western Australia, employers are not liable for injuries sustained by employees during their commute.

In the Northern Territory – YES

In the Northern Territory, employers are liable for injuries sustained by employees during their commute.

In the Australian Capital Territory – YES

In the Australian Capital Territory, employers are liable for injuries sustained by employees during their commute.