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Stacks/The Law Firm - Media
ACCIDENTS WHILE WORKING FROM HOME
3/08/2011
These days we tend to expect a bit of flexibility from employers when it comes to work arrangements. It’s the 21st century after all. In many industries, an internet connection and a mobile phone make it possible to get the job done from almost anywhere.
Having a fridge delivered? Emergency plumbing? Ask to work from home that day.
One of the national employment standards introduced in January 2010 meant that employers now have to seriously consider requests for flexible work arrangements made by parents of kids under school age, such as asking to work from home.
Employers don’t have to agree. They’ll always weigh up the business’ productivity and profits versus the benefits of meeting the particular needs of an employee. But technology certainly makes it a more viable option.
So what are the consequences of working from home when it comes to accidents? Can you still claim workers compensation?
Under NSW OH&S laws, your employer is expected to maintain a working environment, equipment and systems of work that are ‘safe and without risks to health’. That includes for people working at home.
For example, you should have the equipment you need (eg. chair, desk, computer). All workplaces are supposed to have a first aid kit. There should be adequate lighting and clear access to exits; sufficient training provided and knowledge of safe working procedures (ie. so you don’t suffer over-use injuries.)
Your work duties, the days and hours you’re working from home, and the procedures for recording work hours, should be clear. That helps with work accident claims.
The test for whether you’re entitled to workers compensation is whether the accident happened during the course of your work. If so, you’re covered.
In NSW there is a ‘no-fault’ scheme. That means regardless of whose fault it is, if the injury happens in the course of employment, you can claim. The employer’s insurer pays, not the employer themselves. So OH&S obligations aside (after all, employers can hardly minimise all risks in all places employees go in the course of work), you’re covered.
Of course, if your work wasn’t a substantial contributing factor to the injury, compensation can be refused. Slipping over in your kitchen preparing dinner after work hours won’t wash. Likewise if you’re dropping something into work and suffer injury while sneaking off to clothes shop on the way. But you can claim if you injure yourself en route to the kitchen for a coffee break within work hours.
It’s not always cut and dry. What constitutes ‘in the course of employment’ may be challenged. Generally though, if you’re injured while working from home, whether it’s a permanent work arrangement or a one-off, you’re covered.
