Injured on the Way to Work: Can You Claim?

Quick Summary

• An accident on an ordinary journey between home and your usual place of work is generally not treated as an accident at work
• Your employer's health and safety duties normally apply once you are at work, or travelling as part of the job
• The position can be different if you are travelling between work sites, driving for work, using employer transport or injured on your employer's premises
• If another road user caused the accident, you may still have a claim against them
• This guide covers England and Wales

Is a commute part of "work"?

In general, no. The ordinary journey from home to your normal workplace, and back, is not regarded as being in the course of your employment. Your employer's duties under the Health and Safety at Work etc. Act 1974 relate to the workplace and to work activities, so a fall on your street or a crash on the way in is normally outside them.

When can a journey count as work?

The answer depends on the facts. Situations where a journey may be treated differently include:

• Travelling between workplaces or to a client during the working day
• Driving as part of your job, such as a delivery or a site visit (see our guide for delivery drivers)
• Travel in transport provided by your employer, or a journey your employer directs you to make
• Being on your employer's premises, including a car park or entrance, when the accident happens
• Working from home and being injured while carrying out work (see our working from home guide)

Whether your case fits depends on your contract, what you were doing and who controlled the place or the journey. Getting advice early is sensible.

What if someone else caused my commute accident?

If a driver, cyclist or the owner of a public place was at fault, you may have a personal injury claim against them or their insurer. That is a different type of claim from an accident at work claim, with its own procedures and time limits, and different insurers. A solicitor can advise which route applies.

What about benefits?

Industrial Injuries Disablement Benefit generally requires an accident arising out of and in the course of employment, and an ordinary commute does not usually qualify. See our IIDB guide.

Frequently asked questions

Can I claim if I slipped in my employer's car park?

Possibly. A car park owned or controlled by your employer is part of the workplace. Take photographs, report the accident and see our guide on what to do.

Can I claim if I was driving my own car for work?

Possibly. If you were on a work journey rather than a normal commute, the position can be different, and your employer's insurer or another driver's insurer may be involved.

Is there a time limit?

For personal injury the usual limit is three years, whichever route applies. Our time limits guide explains the rules.

Is travelling between work sites part of my job?

It can be. If your employer required you to travel between sites or make a work journey, the trip may be different from an ordinary commute. The facts, the route and who controlled the work should be checked.

What should I do after an accident on a work journey?

Get medical help, report the incident to your employer and preserve the same evidence you would after any road or workplace accident. This can include photographs, witness details, vehicle information and any dashcam footage.

Unsure whether your journey counts?

Tell us what happened and a specialist solicitor can tell you which type of claim, if any, applies.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.