I had an accident on the way to work. Does SOCSO treat it as an employment injury?

Most road accidents involving workers happen on the way to or from work. If you were hurt while commuting, you may be entitled to SOCSO (PERKESO) employment injury benefits as well as a claim against the driver who caused the accident. Whether SOCSO accepts the claim depends on the journey.

What section 24 covers

Section 24(1) of the Employees' Social Security Act 1969 deems an accident to an insured person to arise out of and in the course of employment if it happens while the insured person is travelling:

• (a) on a route between their place of residence or stay and their place of work;
• (b) on a journey made for any reason directly connected to the employment, such as visiting a client or going to a branch; or
• (c) between the place of work and the place where they take a meal during an authorised recess.

If the accident falls within these categories, it is treated as an employment injury, and the benefits under section 15 (for example disablement benefit, medical benefit and, if the worker dies, dependants' and funeral benefits) become available.

Interruptions and deviations

Under section 24(2), if the accident happens during an interruption of, or a deviation from, the journey, it is not deemed to arise out of the employment. Typical disputes involve:

• stopping at a shop or picking up a friend on the way;
• taking a long detour for personal reasons;
• travelling from a second, unrelated location.

Whether a short stop is a real "interruption" or "deviation" is a question of fact. Explain the purpose and route clearly in your claim.

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Evidence PERKESO looks for

• Your home address and workplace address.
• The time of the accident compared with your working hours.
• The police report and sketch plan.
• An employer's report confirming your shift or the work-related trip.
• Any app or toll records showing the route.

Suing the driver as well

The SOCSO claim does not stop you claiming against another road user who caused the accident. That driver is not your employer, so the bar in section 31 of ESSA does not apply to them. You can sue for pain and suffering, loss of earnings and expenses, usually met by their motor insurer. SOCSO benefits are not deducted from personal injury damages (Civil Law Act 1956, s.28A(1)(c)).

What should I do first?

1. Lodge a police report within 24 hours, stating where you were going.
2. Tell your employer in writing that you had an accident on the way to or from work.
3. Ask your employer to submit the accident report to PERKESO.
4. Keep medical records, including medical leave certificates.
5. Note the other vehicle's details and witnesses for a separate claim.

Example

An insured worker leaves home at 7.20 am for an 8 am shift and is hit by a car at a junction on her usual route. PERKESO accepts the accident as an employment injury under section 24(1)(a) and pays temporary disablement benefit. Her lawyer separately claims damages from the car driver's insurer.

Common mistakes

• Not mentioning in the police report that you were going to work.
• Assuming a commuting accident is a "personal" accident and not telling the employer.
• Giving an unclear account of stops along the way.
• Forgetting the claim against the negligent driver.

When to speak to a lawyer

Speak to a lawyer if PERKESO refuses a commuting accident claim, or if you want to claim against the driver who caused the accident. See our civil litigation page; you can also contact us.

Frequently asked questions

I stopped to buy breakfast. Am I still covered?

It depends on whether the stop is treated as an interruption or deviation under section 24(2). PERKESO and, on appeal, the Social Security Appellate Board decide on the facts.

Does it matter that I was riding a motorcycle?

No. The mode of transport is not the test. The route and purpose are.

How long do I have to claim?

A benefit claim should be made promptly under the regulations; disputes before the Appellate Board must generally be started within three years (s.86). A personal injury claim against a driver is generally subject to six years under section 6(1)(a) of the Limitation Act 1953.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Employees' Social Security Act 1969 (Act 4), AGC Laws of Malaysia
2. Social Security Organisation (PERKESO / SOCSO), official portal
3. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
4. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
5. Royal Malaysia Police (PDRM): how to make a police report, including road accident reports under section 52 of the Road Transport Act 1987

Fact-checked on 18 Oct 2026