Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 2 · Compensation for Work Injury
8. Certain accidents deemed to be in course of employment
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An accident while riding, with permission, to or from work on employer-arranged, non-public transport counts as work-related. An accident at or near the workplace also counts during emergency efforts to protect people or property. Breaking rules or acting without instructions does not stop an accident counting, if it would otherwise count and the act served the employer's business.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
An accident is deemed to arise out of and in the course of the employee’s employment if —
employee
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
the accident happens to the employee while the employee is (with the express or implied permission of the employer) travelling as a passenger by any means of transport to or from the employee’s workplace; and
at the time of the accident, the means of transport mentioned in paragraph (a) —
is operated by or on behalf of the employer, or by some other person who operates the means of transport pursuant to arrangements made with the employer; and
is not operated in the ordinary course of a public transport service.
An accident is deemed to arise out of and in the course of an employee’s employment if the accident happens to the employee —
in or about the employee’s workplace; and
while the employee is taking steps, on an actual or supposed emergency at the workplace —
to rescue or protect any person who is, or is thought to be or possibly to be, injured or imperilled; or
to avert or minimise damage to or loss of property.
Despite an accident happening to the employee while the employee is acting —
in contravention of any written law or other regulations applicable to the employment, or of any orders given by or on behalf of the employer; or (b)without instructions from the employer,the accident is deemed to arise out of and in the course of the employee’s employment if —
the accident would have been taken to have arisen out of and in the course of the employee’s employment, had the employee not been acting as mentioned in paragraph (a) or (b); and
that act was done for the purposes of and in connection with the employer’s trade or business.