The Australian Bureau of Statistics (ABS) reports that as of December 2023, around 37% of Australians regularly work from home, which is still above pre-pandemic levels. Although employees are in the comforts of their own homes, they may still get injured as they perform work duties. When this does happen, they may be entitled to Workers’ Compensation. In New South Wales (NSW), the legal framework governing these claims is robust, but it also presents unique challenges for both employees and employers. This article explores the intricacies of compensation claims for remote workers in NSW, including relevant laws and key considerations.
If you have been injured while working from home, talk to one of our experienced Workers’ Compensation Lawyers today.
What is Workers’ Compensation in NSW?
Workers’ compensation provides insurance benefits to employees who experience a work-related injury or illness. In NSW, the scheme is designed to ensure that workers receive appropriate medical treatment and financial support during their recovery. However, remote work blurs the lines between personal and professional spaces, making it more challenging to ascertain whether an injury occurred “in the course of employment.”
Legal Protections for Employees Working from Home
The Workers Compensation Act 1987 is the foundation of workers’ compensation law in NSW. More specifically, Section 4 entitles employees to compensation for injuries “arising out of or in the course of their employment.” This applies equally to remote workers, who must prove their injury is directly related to their job duties, despite the Act not distinguishing between traditional and home-based workplaces.
Similarly, the Work Health and Safety Act 2011 requires employers to ensure a safe work environment, even for employees working from home, and imposes a duty on workers to follow safety guidelines.
What ‘In the Course of Employment’ Means
One of the most critical aspects of a workers’ compensation claim is proving that the injury occurred “in the course of employment.” This concept is central to determining whether an injury is compensable under NSW law.
For remote workers, this can be a grey area. The NSW courts have generally taken a broad approach to what constitutes “in the course of employment,” considering factors such as:
- Time and Place: The injury must occur during work hours and while performing work-related tasks.
- Work-Related Activities: The injury must be directly related to the employee’s duties. For instance, tripping over a power cord while working on a computer might be compensable, whereas slipping in the kitchen during a coffee break might not.
The crucial factor is to demonstrate a clear link between the injury and the employee’s work activities. To illustrate, consider the two cases below.
Hargreaves and Telstra Corporation Limited [2011] AATA 417
In this case, Ms Hargreaves, a Telstra employee working partly from home, was injured twice from slipping on the stairs during separate workday breaks. On both occasions, she had logged into the company’s system before leaving her workstation. In the first instance, she was taking cough medicine, and in the second, she was locking her front door as her employer instructed. The Tribunal determined that her injuries occurred during her employment. The first incident was considered a necessary break, similar to a toilet or meal break, while the second was directly related to fulfilling a work obligation. Hence, Telstra had to pay for compensation.
Demasi and Comcare (2016) AATA 644
Ms Demasi, a producer and presenter who worked both from her employer’s offices and from home, was injured while running during a break. On the day of the incident, she was scheduled for a 9:30 am interview, but the interviewee asked to be rescheduled to 10:30 am. Consequently, she took an early break to go for a run, during which she slipped and injured her hip. Although her timesheets usually indicated breaks around lunchtime, she contended that her actual practice involved taking breaks at various times and that her manager was aware of this. Despite her home being considered her ‘place of work,’ the Tribunal found that the run did not qualify as an ‘ordinary recess’ because it occurred at an irregular time. Thus, this case was deemed not compensable.
Your Employer’s Duty of Care When You Work from Home
Under the Work Health and Safety Act 2011, your employer must ensure your home work environment is safe. This includes:
- Risk assessments: Your employer should guide you on setting up a safe home office.
- Providing equipment: You may receive ergonomic furniture or equipment to ensure safety.
- Clear policies: Employers must set clear policies on work hours, breaks, and injury reporting.
- Training and support: Expect training on safe work practices and ongoing support to address safety concerns.
Common Types of Injuries Sustained While Working from Home
Remote work can expose employees to hazards not found in traditional offices, leading to:
- Musculoskeletal injuries: Poor ergonomics, like improper workstation setup, can cause back pain, neck strain, and repetitive strain injury.
- Slips, trips, and falls: Home hazards like loose rugs and clutter can lead to tripping injuries.
- Mental health issues: Isolation can contribute to anxiety, depression, and burnout, increasingly recognised as compensable.
- Digital eye strain: Excessive screen time without breaks can result in eye strain and vision problems.
Challenges in Proving Remote Work Injuries
Proving that an injury sustained while working from home is work-related can be challenging. Some of the key challenges include:
- Lack of Witnesses: Unlike in a traditional workplace, there are often no witnesses to remote work injuries, making it difficult to verify the circumstances of the injury.
- Blurred Boundaries: The overlap between personal and work activities at home can complicate the process of proving that an injury is work-related. For example, if an injury occurs during a break, it may be challenging to establish that the break was an integral part of the work routine, as in Demasi and Comcare [2016].
- Documentation: Remote workers may not document their work activities as thoroughly as they would in an office setting, making it harder to provide evidence of work-related injuries.
What to Do Following a Work-From-Home Injury
If an employee sustains an injury while working from home, both the employee and employer should take specific steps to ensure the injury is appropriately documented and managed.
- Report the Injury: You must inform your employer of the injury as soon as possible just as you would if you were in the office.
- Seek Medical Attention: Get immediate medical treatment and ensure you obtain a Certificate of Capacity from your treating doctor, who must note that the injury occurred while performing work-related activities.
- Document the Incident: Keep detailed records of how the injury occurred, including the time, location, and circumstances. This documentation will be essential if you need to lodge a compensation claim.
- Follow Employer’s Procedures: Adhere to your employer’s injury reporting procedures and promptly provide any required documentation.
The Claims Process: What to Expect
The process for filing a workers’ compensation claim for an injury sustained while working from home is similar to that for a traditional workplace injury. However, there are specific steps that you and your employer should follow to ensure the claim is handled smoothly.
Initial Steps
- Notify your employer, as previously explained.
- Seek medical attention as soon as possible.
- Lodge the claim: You or your employer should lodge a workers’ compensation claim with the insurer. The claim must include relevant documentation, such as the Certificate of Capacity and any other evidence supporting the claim.
- Wait for the insurer’s decision: Once a claim is lodged, the insurer will assess its compensability by reviewing medical evidence, investigating the circumstances of the injury, and ultimately deciding whether to accept or deny the claim. If accepted, you will receive compensation for medical expenses, lost wages, and other entitlements.
- Dispute resolution: If the insurer denies the claim or if you disagree with the decision, they can seek a review or dispute resolution through the Personal Injury Commission (PIC). The PIC provides a range of services, including mediation and arbitration, to resolve disputes between employees, employers, and insurers.
Resolving Workers’ Compensation Disputes
The PIC is the primary body for resolving workers’ compensation disputes in NSW, providing various options:
- Conciliation: Parties involved in the dispute meet with a conciliator to try to reach an agreement.
- Arbitration: If conciliation is unsuccessful, the dispute may proceed to arbitration, where a binding decision is made.
- Legal advice: Employees can seek legal advice from an experienced Workers’ Compensation Lawyer, such as ours for guidance and representation.
- Court proceedings: As a last resort, disputes may proceed to court, though the Commission offers a quicker and less costly resolution.
Conclusion
The rise of remote work has introduced new challenges for both employees and employers in navigating workers’ compensation claims. In NSW, the legal framework provides robust protections for workers, but proving that an injury sustained while working from home is work-related can be complex.
If you’ve been injured while working from home, you don’t have to face the challenges alone. Our expert Workers’ Compensation Lawyers are here to guide you through the process, ensuring you receive the support and compensation you deserve. Don’t hesitate to consult with one of our team today!
