You may be covered if you are working from home, if the injury is caused by or occurs during your employment and your employment is a major factor in causing the injury. This may cover a wide variety of circumstances.
If you are working from home but are on a recess break you are still covered. For this reason its a good idea for you and your employer to agree on the hours you will work and the number and frequency of recess breaks you will take and put this in writing.
Obviously, journey claims provisions don’t apply for travel between home and work in this case. However if you are injured while travelling away from your home for the purposes of work, you may be able to make a claim.
Examples: Fiona works from home, in an office located on the first floor of her apartment. While working one day she starts coughing and walks upstairs to get some cough syrup. While she is walking up the stairs she coughs forcefully and loses balance, falling down the stairs and sustaining injuries. Fiona is entitled to weekly workers compensation payments while she is unable to work and may receive a lump sum compensation offer if she has a permanent impairment, since the injury occurred while she was working or during a brief interlude during work. However she would not have grounds to make a common law claim against her employer since her injuries were not caused by her employer’s negligence.
John is an accountant, who works from home. His employer requires him to conduct a large audit and has 10 heavy boxes of paper work delivered to his front door. Each box is in excess of 40kg. John has no means of moving the boxes into his home office but to carry them himself. While lifting the last box, John sustains a herniated disc injury. John is eligible for weekly workers compensation payments while he is unable to work and may receive a lump sum offer if he has a permanent impairment. He may also be able to make a claim against his employer for failing to provide safe systems of work for moving the boxes.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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