Generally, workers compensation does not cover injuries sustained while driving to and from work in Western Australia. If a worker gets into a car accident on their way directly to work, they usually won’t be covered by workers’ compensation in WA. However, there are some exceptions where you might be covered.
When Am I Covered for a Journey Claim?
If you’re performing work duties:
A worker may be covered if you are injured whilst travelling under instruction from your employer. This includes travelling to deliver goods or visiting a client’s office. You are generally covered when travelling for other work-related events such as meetings or conferences. That includes travelling from home to the airport for an employment-related trip.
If you’re on call and your employer requires you to respond to an emergency, it’s usually covered. Emergencies can be anything urgent, like repairs, medical crises for healthcare workers, or critical IT or service issues.
If your travel is for work-related education or medical treatment:
You may also be covered if you get hurt while travelling to or from a training course. Additionally, if you’re already on workers compensation and get injured on your way to receive treatment for a work-related injury, you also might be covered.
When Am I Not Covered for a Journey Claim?
Regular Commute to work:
Typically, travel to work and from work back home are not covered by workers compensation. This travel is considered outside work hours and therefore not your employer’s responsibility. If your work involves having multiple residences in different locations, travel between these locations will also not be covered.
Personal Detours:
If you deviate from a work-related journey for personal reasons, any injuries sustained during that deviation are not covered. For example, if your employer directs you to visit a client’s office but you stop to buy some groceries on the way, you may not be covered if injured during the shopping trip.
Employer Responsibilities
Under Division 2 Section 19(3) of the Work Health and Safety Act 2020, employers have a responsibility to provide and maintain, so far as reasonably practicable, a safe working environment for their workers.
Employers should create and enact a company vehicle policy that outlines which employees are eligible to drive a company vehicle. It should also outline the requirements each employee must meet to use a company car (e.g. must have a valid driver’s licence, must have a positive driving record and must be able to follow safety and traffic rules).
The document should also cover the employers’ responsibilities, including ensuring that all fleet vehicles are registered, have up-to-date insurance and undergo regular maintenance and upkeep so that they are roadworthy.
Employee Responsibilities
Before using a company vehicle, employees should verify how and when they can use the vehicle as well as carefully read the company’s vehicle policy. Employees should always follow road rules while driving and if you are involved in an accident and injured, you should immediately seek first aid and then report the injury and incident to your employer.
How Anvil Legal Can Help
It’s important to remember that each case is unique and the specific circumstances will be considered when determining if an injury is covered by workers compensation. If you’ve been injured while driving to or from work, it’s always best to consult with a workers compensation lawyer for further advice.
Anvil Legal is a Perth-based law firm specialising in workers’ compensation law. We understand that the workers’ compensation claim process can be overwhelming and stressful, particularly if you are suffering from an injury and just want to focus on getting better. We aim to make your worker’s compensation claim process go as smoothly as possible. We will always listen to what you have to say and provide you with straightforward legal advice.
Contact us today to request a free consultation with our Principal Lawyer Brett Owen today.
