Whilst the restrictions are beginning to ease in parts of Australia, many of us are still working from home.
What if you injure yourself while working at home? Will you be able to lodge a Worker’s Compensation claim ?
Does workers compensation cover employees working from home?
As a general rule, employers have a duty of care when it comes to their workers undertaking their tasks from home. The Workplace Health and Safety Act 1995 says that employees working from home are still covered when injury occurs.
Ultimately, the outcome of your claim may depend on whether you can prove that your injury was sustained during the course of your work hours.
However, the employee would need to make sure that they are not leaving hazardous documents and objects around their house which could make their space risky. They must also have a clearly defined area of their home that is being used for work.
What if you were working from your home office and then slipped down the stairs while on a work phone call and injured yourself?
Would you be entitled to Worker’s Compensation?
It depends. If your stairs were otherwise deemed safe and you had not negligently left any objects on it, but you happened to slip while on a work phone call, you could potentially claim Worker’s Compensation.
But if your stairs were wet and you had not attempted to clean up the spill and later slipped on it, potentially that could also fall under your responsibility as the employee because you had not undertaken due care to keep your home work area safe.
Reimbursement for work related expenses
When it comes to more work specific work things such as the chair and desk you are using, it is your employer’s responsibility to make sure you have an ergonomic work chair that you can sit in for long periods of time . If you need to upgrade your work chair, most workplaces should be willing to reimburse you for this expense.
Check your Employer’s Work From Home Policy
Most employer’s will have a Work From Home policy in place which details their rules and guidelines for safety in the home office environment.
You should report the injury immediately
In an office or other workplace setting, a team member may witness your injury. At home, it’s your word against your employer’s. That’s why it’s crucial that you report any injury immediately, specify exactly when and where it happened and seek medical attention if needed.
What happens if I am injured at work and not covered by Workers Compensation?
If you do get injured while working from home and are not covered by Worker’s Compensation in the event that your injury did not occur during your working hours, you may be entitled to Income Protection if you have Life Insurance cover with your super provider.
For Income Protection you don’t need to prove that the incident occurred during work hours. However, you need to have Income Protection with your Superfund and your Life Insurance provider.
If the injury is more serious and becomes an ongoing issue which prevents you from returning to work, you could potentially be entitled to TPD claim (Total Permanent Disability)
Not sure about TPD or income protection? Check out Shaheen Legal’s blogs.
Shaheen Legal– we’re here to help
At Shaheen Legal, we understand the changing circumstances that you are working in. That’s why our dedicated compensation and TPD Lawyers are focused on helping you win your case. If you’ve been injured while working from home, our worker’s compensation lawyers can help you secure the compensation you’re entitled to on a No win, No fee basis.
To find out more, give us a call on (02) 9854 5552
