I was injured riding for food delivery or e-hailing. Does SOCSO cover me, and can I also sue?

You deliver food or parcels on a motorcycle, or you drive for an e-hailing platform. A car knocks you down during a job. You are not an employee, so you may wonder whether SOCSO (PERKESO) applies and whether you can still claim compensation from the driver who hit you. Usually there are two separate routes.

Route 1: the self-employment social security scheme

The Self-Employment Social Security Act 2017 (Act 789) sets up a scheme run by PERKESO for self-employed people in industries listed in its First Schedule. These include:

• the carriage of passengers by motor vehicle, for hire or reward or otherwise (paragraph 1), which covers e-hailing and taxi drivers; and
• the carriage and delivery of goods or food, by motor vehicle, other conveyance or even on foot (paragraph 9), which covers delivery riders.

A "self-employed person" under the Act is a citizen or permanent resident carrying out a self-employment activity in such an industry. Every self-employed person must register and pay contributions for each activity (s.11(1)), and failure to do so is an offence (s.11(4)).

What is covered

The Act covers a self-employment injury, defined as personal injury caused by an accident or occupational disease arising out of and in the course of the self-employment activity, including while travelling for the purpose of that activity. Benefits under the Act include medical benefit, temporary and permanent disablement benefit, dependants' benefit, funeral benefit, constant attendance allowance and rehabilitation. The current rates are set by PERKESO; check the official portal.

You cannot receive benefits under both the Employees' Social Security Act 1969 and Act 789 for the same period and the same disablement, apart from invalidity or survivors' pension (s.38).

Have a question about your own situation? Ask on WhatsApp

If PERKESO refuses

A medical assessor decides disablement questions, with an appeal to the Appellate Medical Board. Disputes about whether you are a self-employed person, whether the accident is a self-employment injury, or your right to benefit go to the Social Security Tribunal (ss.58–59). Proceedings must generally be started within three years of the cause of action, and a claim for benefit should be made within 12 months after it became due (s.61).

Route 2: suing the driver who caused the accident

If another road user caused the crash, you have a normal negligence claim against that driver, with the claim usually met by their compulsory motor insurer under the Road Transport Act 1987. You can claim pain and suffering, medical costs, loss of earnings and other losses.

Importantly, in assessing damages for a personal injury that does not result in death, the court does not deduct sums paid under any written law in respect of the injury (Civil Law Act 1956, s.28A(1)(c)). So PERKESO benefits do not normally reduce your damages.

What about the platform?

Whether a platform company owes you anything beyond the scheme depends on your contract and the facts. Many platforms also offer their own insurance; check your app terms. This is a separate issue from the driver's liability.

What should I do first?

1. Get medical treatment and keep every record and receipt.
2. Lodge a police report within 24 hours.
3. Screenshot the job in the app showing the time and route.
4. Notify PERKESO and submit your claim with supporting documents.
5. Record the other vehicle's details and witnesses.

Example

A delivery rider registered under the scheme is hit by a car that runs a stop sign while he is carrying an order. PERKESO pays medical and temporary disablement benefit. His lawyer separately sues the car driver, whose insurer settles the claim for pain and suffering and lost earnings. The PERKESO benefit is not deducted from the damages.

Common mistakes

• Not registering or not paying contributions, then finding you are not covered.
• Assuming SOCSO is the only claim and not pursuing the negligent driver.
• Losing app records that prove you were working.
• Missing the time limits for claiming benefit or appealing.

When to speak to a lawyer

Speak to a lawyer if you were injured while working as a rider or driver and another road user was at fault, or if PERKESO has refused your claim. See our civil litigation page; you can also contact us.

Frequently asked questions

I am a foreigner. Am I covered by Act 789?

The Act defines a self-employed person as a citizen or permanent resident, so others are generally outside this scheme. Take advice on other routes.

Was I covered if I was riding home after my last order?

The definition covers travelling for the purpose of the self-employment activity. Whether a particular journey qualifies depends on the facts and may be decided by PERKESO or the Tribunal.

How long do I have to sue the driver?

A personal injury claim is generally subject to six years under section 6(1)(a) of the Limitation Act 1953, but act early so evidence is not lost.

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. Self-Employment Social Security Act 2017 (Act 789), 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. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 18 Oct 2026