Working from home and workers’ compensation explained
With many Canberrans now splitting their time between the office and working remotely, what does that mean for workers’ compensation? What changes when it comes to working from home?
A lot, says Partner at Maliganis Edwards Johnson, Kirsten Leitch, who has more than 20 years of experience in personal injury law. But that doesn’t mean your rights disappear when you choose to work from home.
Are you covered when working from home?
“In the ACT you are still entitled to compensation if you are injured ‘at work’ or suffer an injury arising out of or in the course of your employment’,” explains Kirsten.
“With work-from-home arrangements, that may mean you can be injured whilst working from home. This applies whether you’re working from home full-time or, for example, one day a week.”
However, Kirsten notes that working-from-home compensation cases are relatively new legal territory. With so many unique working-from-home arrangements these cases present unique challenges.
Why working from home claims are complex
“Working from home looks very different for different jobs, and this is why it can be difficult to navigate the compensation process if you are injured whilst working from home,” says Kirsten.
“This is why you need to seek expert legal advice if that’s the case.”
Working from home doesn’t automatically mean you’re unable to claim workers’ compensation, but the circumstances of your injury and employment arrangement will need careful legal assessment.
Common work from home injuries
Workers’ compensation claims for remote work can arise from various situations. Repetitive strain injuries from poor ergonomic setups are increasingly common, as are back and neck injuries from inadequate furniture or workspace arrangements.
Slip and fall accidents can occur in home offices, while mental health injuries may develop from isolation or inadequate workplace support. Equipment-related injuries from faulty or inappropriate home office equipment are also possible compensation scenarios.
“You need to make sure that you are set up to do your job from home safely,” advises Kirsten.
“This will look different for everybody. For example, it may mean that you need particular equipment or regular ‘catch ups’ with other staff.”
Employers have obligations to provide safe working conditions even in home environments. This may include providing ergonomic equipment, conducting home office assessments, or ensuring adequate workplace support systems.
Proving your injury occurred during work
One of the biggest challenges in work-from-home compensation claims is establishing that the injury occurred in connection with work duties. Unlike office environments with witnesses and clear work boundaries, home injuries require careful documentation and evidence gathering.
Keeping detailed records of your work schedule, the circumstances of your injury, and any work-related activities you were performing becomes crucial for successful claims.
Get expert legal advice
At Maliganis Edwards Johnson, our team understands the complexities of work-from-home compensation claims and can help you navigate this emerging area of law.
Contact our experienced workers’ compensation team today on 02 6257 2999 or visit mej.com.au to discuss your work-from-home injury claim.
