Attwood Marshall Lawyers Compensation Law Associate Yasmine Chalvatzis examines the alarming rise in e-mobility workplace injuries and what this means for Australian workers and their families.
Recent statistics from WorkCover, the main provider of workers’ insurance in Queensland, show that workplace compensation claims involving e-scooters and e-bikes have surged from just 107 claims in the 2020-21 financial year to 388 in 2024-25 – more than tripling in just four years.
The total cost of claims in that period has reached $25.5 million, reflecting both the frequency and severity of these incidents.
Among the statistics are two fatalities and numerous cases involving serious personal injuries, including traumatic brain injuries and spinal injuries that will affect victims and their families for life.
These figures represent real people – workers who were trying to get to their job or travelling for work purposes when their lives were dramatically altered.
There is no denying the convenience and flexibility of e-scooters and e-bikes and how they have changed many workers’ commutes, offering an alternative to traditional transport that is often quicker and more environmentally-friendly.
Indeed, WorkCover acknowledged the “important role” e-bikes and e-scooters play in providing transport options for workers. But the insurer also drew attention to the worrying and “consistent increase” in both the number and costs of claims involving these devices.
WorkCover’s statistics include both riders of e-scooters and e-bikes who were injured while using these devices, as well as pedestrians who were injured in incidents involving these devices, during work hours or while travelling for work-related purposes. Most claims involved e-scooters, reflecting their growing adoption for commuting.
If you’ve been injured in an e-scooter or e-bike incident during work-related travel – whether in Queensland, New South Wales, Victoria or any state in Australia – don’t assume you’re not covered or that your claim won’t be successful. The compensation landscape is complex and rapidly evolving, and you may have rights you’re not aware of.
Call for more regulation
The data comes from WorkCover’s submission to the Queensland state government’s Inquiry into e-mobility safety and use in Queensland.
The Inquiry is being run by the State Development, Infrastructure and Works Committee. It focuses on safety issues related to the use of e-mobility devices, including an increase in crashes, injuries and fatalities.
WorkCover, which insures over 170,000 employers and manages over 63,000 accepted claims annually, said in its submission that it “support[s] the Committee’s focus on improving public safety for all road users, while ensuring Queenslanders can continue to benefit from new and emerging transport options.”
My colleague, Henry Garrett, Compensation Law Senior Associate here at Attwood Marshall Lawyers, also submitted evidence to the Inquiry, addressing some of the issues that we believe are endangering our community.
As e-bike and e-scooter accidents surge, Henry called for urgent reforms to clarify liability and close the compensation gap for victims.
“From elderly pedestrians being struck and hospitalised to young children being hit by motorists with minimal protective clothing, these incidents highlight the need to update the current compulsory third party (“CTP”) scheme alongside the technology for these devices,” Henry said in his submission.
Among other recommendations, Henry called for a restricted registration and insurance scheme for e-bikes and e-scooters, similar to what is already in place for mobility scooters.
A balance must be struck between embracing innovative transport technologies and ensuring all road users are adequately protected. As these devices become increasingly integrated into our transport systems, the regulatory framework must evolve to match.
How can you claim?
As the Queensland government’s Inquiry continues, with its findings expected to be presented by March 2026, workers need to understand their rights.
These cases often require careful investigation and expert legal representation to ensure you receive the full support you’re entitled to. There are actually a few different options available, depending on the circumstances of the incident that led to the injury.
Workers’ compensation claim
If the incident occurred while travelling to, from, or for work, you may be entitled to compensation under your state’s workers’ compensation scheme.
This can include coverage for medical expenses and ongoing treatment costs, compensation for lost wages during your recovery period and access to rehabilitation and support services. Compensation is also available for permanent injuries or disabilities resulting from the incident.
Journey claims provide coverage for workers who are injured while travelling to and from work, including during lunch breaks or when commuting between worksites or company offices. Whether you are driving the e-vehicle, or are a pedestrian struck by an e-scooter or e-bike, you can claim workers’ compensation.
Statutory benefits are payable on a no-fault basis, meaning they are paid regardless of who caused the accident or who was responsible.
However, there are important exclusions to be aware of. Claims may be denied if you breach any laws during your journey (such as when drugs or alcohol are involved), or if there has been a “significant deviation or delay” from your usual work-related route.
You can read more about journey claims here.
Motor Vehicle Accident Claim
Whether you were a driver, passenger, pedestrian, cyclist, rider of an electric scooter or bike or motorbike (including hired transport) if you have been injured in a motor vehicle accident caused by someone else, you can make a Compulsory Third Party (CTP) compensation claim.
Navigating a CTP claim alone can be a costly mistake. Strict time limits apply in motor vehicle accident claims and waiting too long to make a claim could mean you lose your right to all your entitlements.
A nervous shock claim may also be available to any immediate family member or surviving loved one who have suffered a recognisable psychiatric illness as a result of a negligent death, where it is reasonably foreseeable that such family members would be so affected. These claims are restricted to damages for pain and suffering of the psychiatric injury and any loss or damage that flows from the psychiatric injury. Importantly, the law does not compensate a family member for grief or distress.
If you or someone you know has been injured in a car accident, we strongly recommend seeking legal advice. Your future health and financial wellbeing may depend on it.
Attwood Marshall Lawyers – helping workers and their loved ones through difficult times
At Attwood Marshall Lawyers, we understand the unique challenges e-mobility cases present and have the expertise to advocate for workers’ rights against large insurance companies. It’s always best to seek your own legal assistance and advice as soon as possible to gain a clear understanding of your situation. Navigating the compensation system as an injured worker can be challenging without guidance, and individuals often miss out on the benefits to which they are entitled.
Our personal injury solicitors are here to provide assistance and support throughout this process. We offer a free case assessment to review your claim and explain what you can expect right from the start, and also operate on a No Win, No Fee basis for all workers’ compensation claims and motor vehicle accident claims.
For a confidential discussion about your circumstances, please call our Compensation Law Department on 1800 621 071 any time.
