Workers Compensation When You’re Working From Home

During the current Covid 19 pandemic, high numbers of employees have been and are continuing to work from home.

This may be at the direction of the government or an agreement between your employer and you to help reduce the chance of exposure and spread of the virus between your team.

The same requirements must be followed by employers and employees during this arrangement for your safety and well being as if you were attending your normal workplace.

Employers must do what is reasonably practicable to ensure the health and safety of workers during this arrangement.

Employees have an obligation to take care of themselves while at home and follow any policies and procedures that have been implemented. This may include any of the following:

• Following procedures on how work is completed.
• Following instructions on how to use equipment.
• Maintaining a safe work environment, using an ergonomic workstation, adequate lighting and airflow, taking breaks, moving, exercising.
• Keeping equipment and tools safe and in working order.
• Maintaining in-home safety, smoke alarms, safe electrical equipment.
• Report any changes that could impact upon a safe working environment.

In this post, we look at workers compensation when you’re working from home.

If you, unfortunately, suffer an injury while working from home in the course of your employment and/or the employment was a major contributing factor to the injury, you may be able to lodge a WorkCover claim. Injuries suffered outside of your working hours are not covered under this scheme.

Some people are hesitant to advise their employer that they have injured themself, thinking the employer will disregard the claim, ultimately affecting a person’s income and placing pressure on medical expenses. Avoiding medical treatment can also cause more complications and greater discomfort over time.

We highly recommend letting your employer know you have been injured right away and seek medical treatment. Your Doctor will provide you with the necessary paperwork that your employer will need to complete a Workcover claim.

If your employer is making the process difficult for you or simply refusing to take action with the claim, you can speak with a personal injury lawyer who can act on your behalf and help gain the compensation amounts you’re entitled to.

A Personal Injury Lawyer is an expert in these types of claims and cases. They will be able to first assess that you have a valid claim and then guide you through the process of making the claim.

It’s important to note that the claim must be made within three (3) years of the injury occurring. Under the Workers Compensation and Rehabilitation Act 2003, a person will have three (3) years to commence a Court Proceeding from the date the cause of action, the incident arose or to have obtained compliance of their Notice of Claim for Damages (section 302).

Making a claim outside three years can be successful in some instances but, are typically unsuccessful or difficult to achieve. Speak to your lawyer as soon as possible after the injury for professional advice.