The Blurred Lines of Workers' Compensation for Remote Work
With over 20 years’ experience in workers compensation and injury management, PNO Workplace Risk Director, Paul Marsh, shares his opinions on the South Australian tribunal ruling, what it means for employers and what preventative measures can be taken to avoid similar incidents.
The Case: Is a Pet Fence at home a Workplace Hazard?
As more people work from home, the line between work and personal life has become very blurred — The pet fence injury occurred during a break, and while the worker wasn’t performing job tasks at the time, the tribunal ruled that her home office was still considered a “workplace.”
I’m all for protecting workers, especially with remote work, but this ruling raises some interesting questions about what counts as a “workplace injury” in an increasingly hybrid work environment.
After a legal back-and-forth, the South Australian Employment Tribunal ruled in favor of the worker. The court sided with the idea that a home office, in the age of remote work, is still a “workplace”—and therefore, she was on an authorised coffee break and any injury sustained while in that space (even if it’s tripping over a dog barricade) could qualify for compensation.
The Risk of Increased Claims
This tribunal ruling brings up the very real question of where to draw the line when it comes to home-office injuries. Is any injury that occurs while at home, during work hours, now up for grabs?
There’s no doubting the possibility of more claims from remote workers for injuries that happen in their home environment—whether it’s tripping over a toy or slipping on a wet floor. This could lead to higher insurance costs and more legal complications for employers.
The main issue I have with this ruling isn’t the concept of protecting remote workers (which is a great idea), it’s the way the definition of “workplace” is being stretched so far that now even your pet’s fencing could be considered part of your “work environment.” Is the job really to blame when you hurt yourself navigating a space that’s just as likely to be filled with toys and dirty dishes as it is with your computer and paperwork?
What Employers Can Do to Minimise Risk
To avoid similar claims, employers should take proactive steps to ensure the safety of remote workers:
- Conduct Home Office Safety Checks: Encourage employees to assess their home workspaces for hazards like trip risks, ergonomic issues, and electrical safety. Document these safety checks.
- Provide Clear Break Guidelines: Set expectations for safe breaks, ensuring employees are aware of the boundaries between work and personal space.
- Offer Ergonomic and Safety Resources: Provide resources or stipends for ergonomic furniture and guidelines to keep workspaces free from clutter or pet-related hazards.
Remote work and increased flexibility don’t seem to be going away anytime soon, so employers must be diligent in navigating the complexities of workers’ compensation. While protecting employees is essential, it’s also important to define the boundaries of what constitutes a “workplace injury” in the home office. By implementing safety measures and clear policies, businesses can reduce risk and ensure that workers are properly protected.
An appeal is currently underway for the South Australian tribunal ruling. We very much hope that the decision will be overturned, allowing for a more reasonable and pragmatic approach to working from home arrangements. It is vital that common sense prevails in these situations, ensuring that both employers and employees have clarity on what should be considered a workplace injury when working remotely.
For more information, and a non-obligation workplace risk assessment, contact Paul Marsh at pmarsh@pno.com.au or call (03) 9536 7312.
