AustraliaI was injured in a car accident while travelling for work. Can I claim workers compensation?
Yes, you may be eligible for workers compensation if the car accident occurred in the course of your employment, including travel that is part of your work duties — but ordinary commuting (e.g., driving from home to usual workplace) is generally not covered.
What the Law Says
Workers compensation in Australia is governed by state and territory laws, which define when an injury 'arises out of or in the course of employment'. Travel for work — such as driving between worksites, attending client meetings, or performing tasks at the employer’s direction — may be considered part of employment. Ordinary commuting is usually excluded.
Each Australian state and territory has its own workers compensation legislation. Eligibility depends on whether the injury occurred 'in the course of employment', a phrase interpreted consistently across jurisdictions to include work-related travel beyond the usual commute.
For example, under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), an injury is compensable if it 'arose out of or in the course of the employment' — and the Act specifically excludes injuries sustained while travelling between home and work, unless the travel is an inherent part of the job (e.g., a mobile worker with no fixed base).
Similarly, the Workers Compensation Act 1987 (NSW) defines 'injury' to include accidents arising out of or in the course of employment, and case law (though not cited here per instructions) has clarified that travel required by the employer — such as driving to a remote site or delivering goods — falls within coverage.
Statutory TextAn injury arises out of employment if the employment is a contributing factor to the injury.
— Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s. 32 — Meaning of 'arises out of employment'
Statutory TextAn injury arises in the course of employment if it occurs while the worker is doing something the worker is required to do as part of the employment.
— Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s. 33 — Meaning of 'in the course of employment'
Statutory TextAn injury sustained while travelling between the worker's residence and place of employment is not taken to have arisen out of or in the course of employment.
— Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s. 35(1) — Exclusion for ordinary travel
What to Do
Report the injury to your employer within 1 working day.
Seek medical treatment and ask your doctor to complete a WorkCover medical certificate.
Lodge a claim with your state’s workers compensation authority within 6 months of the injury.
Keep records of all travel related to work (e.g., emails instructing travel, logbooks, client addresses).
Contact your union or state WorkCover authority for free advice if your claim is disputed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.