Can You Claim Workers’ Compensation if You Work from Home?

Tina Veivers

Tina Veivers

DIRECTOR / LAWYER QUEENSLAND LAW SOCIETY ACCREDITED SPECIALIST

Tina is the director of the firm and a lawyer who has 20 years of experience running and managing compensation claims for Plaintiffs. In contrast to the industry standard of larger compensation firms, Tina is a strong believer in ensuring that plaintiffs receive the vast majority of any settlement payout they do receive and will often reduce fees to ensure this occurs. In her spare time, Tina enjoys going to the beach and enjoying time with her family.

Wondering if you’re covered by workers compensation working from home?

Injuries at the kitchen table can be just as significant as those in the office cubicle. Find out your rights to benefits, how to manage a claim from your living room, and what responsibilities your employer has to keep your home workplace safe, all within this guide.

Key Takeaways

  • Workers’ compensation does cover remote workers, including for injuries such as fractures and occupational overuse, but rules vary by state and defining ‘work-related’ injuries can be complex.
  • Employers are responsible for ensuring safety of remote workplaces by setting clear policies, conducting risk assessments and inspections, while employees must maintain their home workspaces to comply with safety standards.
  • The workers’ compensation claim process for remote injuries involves reporting the incident, seeking medical care, and potentially legal advice for navigating claim complexities and safeguarding worker rights.

Eligibility for Workers Compensation from Your Home Office

Workers’ compensation is a critical safety net, protecting employees who suffer injuries in the course of employment. But does this safety net extend to the home office? The short answer is yes, but the specifics can be a bit more complex.

In most states, businesses are mandated to have workers’ compensation insurance, which can provide workers compensation cover for employees working remotely. However, the specific rules and regulations can vary from state to state, including whether workers compensation can cover freelancers.

The nature of the injury also plays a significant role in eligibility. Certain types of injuries that are more likely to be covered include:

Understanding these nuances is vital for remote workers to safeguard their protection under their employer’s workers compensation policy.

Defining ‘Work-Related’ Injuries at Home

So, what exactly constitutes a ‘work-related’ injury at home? It’s a question that has raised questions and sparked debates in courtrooms across the country. Simply put, a ‘work-related’ injury at home is compensable under labour laws if it occurs as a result of or during your employment. Yet, bear in mind that not all injuries sustained at home may fall under the category of work-related incidents.

This definition can be further complicated when we delve into the specifics. Courts usually consider an injury to be work-related if it occurs while the employee is undertaking work-related activities or activities incidental to their work. The timing of the injury is also significant, with injuries typically deemed work-related if they take place while the worker is carrying out their job responsibilities and taking care of their own safety.

Understanding the ‘Course of Employment’ Requirement

The ‘course of employment’ requirement is another critical factor in determining eligibility for workers’ compensation. This term refers to the assessment of whether an injury resulting from an accident is eligible for compensation under the workers’ compensation system, taking into account the employee’s own health and safety.

An injury is deemed to have taken place during the course of employment when it occurs while the employee is engaged in work-related activities or during a break between work periods. However, certain exceptions may affect a worker’s entitlement to compensation, such as if the injury is not directly related to or a significant contributing factor to their employment.

Employer’s Role in Remote Work Safety

While employees certainly have a responsibility to maintain a safe working environment, the onus does not lie solely on their shoulders. Employers also bear significant responsibility in guaranteeing the safety of remote workers. This involves:

  • Evaluating remote working business requirements
  • Setting clear expectations
  • Conducting regular check-ins
  • Periodically reviewing arrangements, including worker’s compensation coverage for remote employees.

In addition to these practices, employers must:

  • Ensure compliance with work health and safety (WHS) laws
  • Consult with employees regarding hazards and risk control
  • Effectively address the health and safety risks related to remote work, including providing coverage through the employer’s workers compensation policy
  • Conduct inspections of the home work environment to ensure a safe home working environment

Remote Work Policies and Health Guidelines

To ensure the safety and wellbeing of remote workers, employers should:

  • Establish comprehensive remote work policies that outline health and safety expectations
  • Identify suitable roles for remote work
  • Reinforce guidelines through a remote work policy template
  • Provide clear eligibility requirements
  • In case of disputes, employees may seek recourse through the administrative appeals tribunal.

These policies have a significant impact on the health and safety of employees as they:

  • enforce work health and safety laws
  • establish clear ergonomics and health principles
  • set safety guidelines
  • offer flexible working hours
  • implement return-to-workplace protocols
  • provide communication channels

Maintaining regular communication with remote workers about any changes in these policies is vital.

Employee Duties for Safe Telecommuting

While employers have their role to play, employees too have their duties and obligations in ensuring a safe home office environment. This includes establishing a secure work area and minimising potential hazards such as strains and other workplace injuries, in order to work safely.

Also, employees must ensure that their home office adheres to safety standards. This might involve:

  • Setting up furniture and computers ergonomically
  • Ensuring the workspace is free of clutter and trip hazards
  • Consulting with employers for an inspection if necessary

A proper workspace setup can significantly reduce the risk of work-related injuries by enabling comfortable and efficient work.

Regular Breaks and Ergonomic Practices

Although the safety of a workspace is important, it is not the sole consideration for remote workers. Regular breaks and ergonomic practices are equally essential. It is recommended that remote workers take breaks frequently throughout the day, getting up to stretch and move around for 10 minutes every hour, and ensuring they move around every 30 minutes to avoid a sedentary lifestyle.

In terms of ergonomics, essential practices include using an ergonomic chair, desk, keyboard, and mouse, and arranging the workstation to reduce glare and prevent eye strain. Implementing these practices can help remote workers create a comfortable and safe work environment, significantly reducing the risk of injuries stemming from awkward positions or repetitive movements.

Coverage Nuances for Freelancers and Contractors

While employees typically fall under their employers’ workers’ compensation policies, independent contractors and freelancers often face a different scenario. Their eligibility for workers’ compensation can be more complex, with some jurisdictions considering them employees or providing coverage if they are working for a client.

The key difference lies in the nature of their contractual agreement. Employees are provided coverage under a ‘contract of service’ with their employer, while contractors may be encompassed by an expanded definition of a worker, which may include sub-contractors, based on the policy.

When choosing a workers’ compensation insurance policy, it’s essential to consider if the workers compensation cover freelancers and contractors. Carefully evaluate factors such as:

  • their responsibility for covering themselves or others
  • the coverage provided by the policy
  • the freelancer’s profession
  • among other factors.

Insurance Policy Options for Non-Employees

Given the complexities and potential gaps in coverage, non-employees such as freelancers and contractors should explore their insurance policy options. When selecting an insurance policy for work-from-home injuries, they should carefully consider:

  • Their profession
  • The equipment that needs to be insured
  • Their client base
  • Any existing coverage provided by their home insurance.

Workers’ compensation is designed to cover workplace injuries and illnesses, whereas insurance policies for non-employees provide broader coverage, including incidents that may occur while working remotely from home. The costs of such insurance differ based on the type and coverage, and certain specialised insurance policies offer coverage for remote workers, encompassing small business insurance options like public liability, cyber insurance, and workers’ compensation.

Workers Compensation Claim Process for Remote Injuries

The worker’s compensation claim process can be challenging to navigate, especially in the case of remote injuries. The first step in the process is reporting the incident by filing a workers compensation claim, irrespective of whether the injury occurred during a break. This typically involves completing an approved form and submitting it to your employer or the relevant authority, often done online.

During this process, medical professionals play a significant role. They diagnose and treat workplace injuries, provide necessary medical care and treatment, and document the injuries. Their reports serve as crucial evidence in these claims. However, certain aspects of the workers’ compensation claim process may necessitate the expertise of legal professionals who specialise in personal injury law.

When to Seek Legal Advice

The complexities of workers’ compensation claims can overwhelm many, especially when compounded by the subtleties of remote work. In such cases, seeking legal advice can be beneficial. A lawyer can provide valuable assistance throughout the process, offering expert guidance and understanding of:

  • the rights of an injured worker
  • the documentation required for a successful claim
  • the deadlines and timeframes involved
  • the potential benefits and compensation available

Having a lawyer on your side can help ensure that you receive the support and compensation you deserve.

Moreover, seeking legal advice can safeguard the rights of remote workers throughout the process by providing expert guidance, ensuring appropriate representation, and providing support for the review and appeal process. This can be particularly beneficial in protecting employees from potential employer retaliation and ensuring they receive the compensation they are entitled to.

Summary

In the ever-evolving landscape of remote work, understanding the ins and outs of workers’ compensation is crucial for both employers and employees. From the legalities and policies governing eligibility to the roles and responsibilities of both parties and the nuances of coverage for non-employees, there is a wealth of knowledge to be gleaned.

If you’re a remote worker who has suffered an injury while working from home, get in touch with us here at South East Injury Lawyers. We’re workers’ compensation specialists in Queensland and can help you understand your options and make your workers compensation claim process easier to manage.

Get in touch by calling us on 1300 446 999 or book a no obligation, free consultation here.

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If you’ve been hurt, you need to act fast. Get started immediately
with expert advice from a leading compensation lawyer today.

If you’ve been hurt, you need to act fast. Get started immediately with expert advice from a leading compensation lawyer today.

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