Your rights when you're injured driving your own car for work

If you've been injured in a car accident while carrying out your job, you may have access to compensation and support. This may apply even if you think you contributed to the accident.

Understanding your rights early can make a real difference to your recovery, finances, and peace of mind.

Injured in a work-related car accident? We can help you understand your rights and what compensation you may be entitled to. Contact us for a free claim check.

Work-related car accidents in Australia

Not every trip you take during the day is considered work-related, but many are. A work-related car accident may occur when you're injured while carrying out your work duties. This could include:

• travelling between worksites
• attending a meeting
• delivering goods or equipment
• picking up supplies for your employer
• visiting clients or customers

In many cases, it doesn't matter that you were driving your own vehicle. If the trip was connected to your work, you may have rights under workers' compensation or transport accident compensation schemes.

The circumstances of your journey will help determine what support and compensation may be available.

Not sure if your accident counts as work-related? Our team can explain your rights depending on your situation.

Should you make a TAC claim or a WorkCover claim?

In Victoria, a road accident that happens while you're working may be covered by the Transport Accident Commission (TAC), WorkCover, or in most circumstances, both.

If you're injured in a road accident while carrying out your work duties, you may be entitled to WorkCover benefits. These can include weekly payments, medical expenses, and other support while you recover.

The TAC may also provide benefits if you've been injured in a transport accident involving another motor vehicle. Depending on the circumstances, the TAC and WorkCover schemes can overlap, and determining which scheme applies isn't always straightforward.

Because every situation is different, it's important to get advice as early as possible. Understanding which scheme applies can help make sure you access the support and compensation you're entitled to without delay.

Who's responsible if you crash your own car while working?

It depends on the circumstances of the accident and your working arrangement. Even if you were at fault, you may still be entitled to compensation, as many workplace injury and transport accident schemes operate on a no-fault basis.

If you're driving your own vehicle for work, you're generally responsible for its registration, maintenance, and insurance. However, employers may still have responsibilities when a job requires you to drive.

Because every situation is different, it's important to get advice before assuming who is responsible or what support may be available.

Insurance you are covered by when driving for work

Several types of insurance may be relevant after a work-related driving accident, including:

• Compulsory Third Party (CTP) or transport accident insurance
• private motor vehicle insurance
• workers' compensation insurance
• employer-held insurance policies

The type of cover available will depend on your circumstances and where the accident occurred.

It's also important to understand your insurance policy. Some policies place restrictions on business use, so regularly driving your vehicle for work without notifying your insurer could affect your ability to make a claim.

Compensation for injuries in a work-related car accident

Yes. If you're injured while driving for work, you may be entitled to compensation even when you're using your own vehicle. Depending on your circumstances, compensation may include:

• reasonable medical and treatment expenses
• lost income and wage replacement benefits
• rehabilitation and recovery support
• care and assistance services
• lump sum compensation in some cases

The support available will depend on the nature of your injury, your employment arrangements and the compensation scheme that applies.

Steps to take immediately after an accident while driving for work

Some injuries take time to develop, and medical evidence can be important if you choose to make a claim. If you're involved in an accident while driving for work:

• stop and check for injuries
• call emergency services if required
• take photos and record details of the scene
• obtain witness information where possible
• notify your employer as soon as practical
• contact your insurer
• seek medical attention, even if your injuries appear minor

What if the other driver was also working?

When both drivers are working at the time of the accident, things can become more complicated. Depending on the circumstances, claims may involve:

• one or both employers
• multiple insurers
• transport accident compensation schemes
• workers' compensation claims

If another driver was carrying out work duties at the time of the accident and was responsible for causing the accident, you may have additional compensation options available.

Where possible, collect details about the other driver and their employer at the scene.

Vicarious liability, negligence, and duty of care

Several legal concepts may be relevant following a work-related driving accident:

Vicarious liability means an employer may be legally responsible for the actions of an employee when they are acting within the scope of their employment.

Negligence occurs when a person or organisation fails to take reasonable care, causing another person to suffer injury or loss.

Duty of care refers to the responsibility employers have to provide a safe working environment, including when employees are expected to drive as part of their work.

Understanding how these principles apply can help determine who may be responsible and whether compensation is available.

Talk to Maurice Blackburn

A work-related road accident can leave you dealing with pain, lost income, and uncertainty about what comes next. You shouldn't have to navigate that alone.

Whether you were travelling between worksites, attending a meeting or using your own vehicle for work duties, our experienced team can help you understand your rights and the compensation options available to you.

Contact us today for a free claim assessment. We'll listen to your story, answer your questions and help you understand your options.