Employed as a Truck Driver? Your Rights and Responsibilities

Over 180,000 Australians are employed as truck drivers and are responsible for the safe transport of livestock, goods, wares, packages, merchandise, stock and materials. Truck drivers operate a range of vehicles, including: 

• Light commercial vehicles 

• Rigid trucks 

• Articulated trucks 

• Removal vans 

• Tankers 

• Tow-trucks 

Vehicles over 4.5 tonnes gross vehicle mass are regulated by the National Heavy Vehicle Regulator (NHVR). 

Your workplace rights as a truck driver

Like any other employee in Australia, as a truck driver you have the right to a healthy and safe working environment. This can include: 

• Driving a safe and well-maintained vehicle 

• Adequate rest breaks for fatigue management. For example, the NHVR requires solo drivers to have 7 continuous hours of stationary rest time for every 12 hours work time in a 24-hour period 

• Workplace health and safety training, such as safe methods for securing loads, and loading and unloading vehicles 

Truck driver’s responsibilities

Your responsibilities as a truck driver may include: 

• Maintaining a driver logbook where required 

• Maintaining all relevant licences and tickets and ensuring that you are adequately qualified to do your job 

• Complying with your employer’s workplace health and safety policies 

• Securing loads 

• Maintaining medical checks to ensure your fitness for work 

• Be drug and alcohol free while driving 

Your employer’s responsibilities and obligations 

Responsibilities of employers of truck drivers may include: 

• Ensuring that loads do not exceed relevant mass and dimension limits  

• Set safely achievable driving and delivery schedules, so that truck drivers: 

  • Aren’t under pressure to exceed speed limits 

  • Can adequately rest between shifts

• Ensuring employees are aware of company policies and procedures about workplace safety 

• Having reporting mechanisms in place to report (and rectify) unsafe practices 

• Providing a well-maintained fleet of vehicles 

Common workplace truck driver risks  

Common truck driver risks leading to workplace injury or death can include: 

• Unrealistic time pressures and deadlines, which can increase drivers’ risk of speeding and skipping fatigue breaks 

• Unrealistic delivery schedules which increase stress while driving. 

• Poorly maintained trucks 

• Loading and unloading vehicles, when drivers haven’t been adequately trained in safe lifting practices 

• Fall risks from working at height to enter and exit the truck, or checking and securing loads 

• Exposure to airborne hazards such as gas and fumes  

Common truck driver injuries

According to Safework Australia, in 2022: 

• Vehicle incidents and being hit by moving objects accounted for 55% of all worker fatalities 

• Body stressing, being hit by moving objects and vehicle incidents accounted for over 50% of serious injury workers’ compensation claims 

Compared to other Australian industries, truck drivers suffer high rates of work-related injuries and illness. Truck driving involves many hours of sitting while driving in isolation. Some common truck driver injuries include: 

• Musculoskeletal injuries, including muscle sprains and strains 

• Back and neck injuries 

• Mental health injuries from social isolation and unrealistic delivery schedule expectations 

Workers’ compensation for truck drivers 

Each Australian state and territory have a different workers’ compensation scheme.  

Cross-border provisions have also been created which can apply to workers who travel for work or work temporarily in different states or territories. These provisions may apply to you if your employment means you’re driving between states and territories.  

Our experienced workers’ compensation lawyers understand the relevant ‘state of connection’ test that may apply, and your best options to claim workers’ compensation.  

How Shine Lawyers can help with your truck driver compensation claim 

Shine Lawyers’ experienced heavy vehicle lawyers and workers’ compensation lawyers can help with all aspects of your truck driver compensation claim. 

During your obligation-free meeting with one of our team, we’ll listen to your truck driving injury circumstances and the impact of your injuries on your life and work. We can advise you of your best options to claim truck driver compensation and support you through the process. We also understand the relevant time limits in making a truck driver compensation claim.  

Get in touch with Shine Lawyers. Our workers’ compensation lawyers work on a No Win No Fee* basis. 

*Conditions apply