A recent decision has highlighted the liability risks for employers in working from home arrangements.
The Facts
A Council employee who sometimes worked from home was injured at home during a work break, tripping over a metal pet fence that she had put up to keep a puppy away from her pet rabbit.
Initially her claim for compensation was rejected on the grounds that the employment was not a significant contributing cause of the injuries. She sought a review of the decision.
Her evidence was that she did not receive any direction from the Council about permitted activities during breaks at home, and that Council encouraged staff to take regular breaks. Also she had approval to work from home that day.
The Decision
The Tribunal was satisfied that the injury arose out of her employment, having been permitted to work from home that day, and taken an authorised break.
The Tribunal also found that the employment was a significant contributing cause even though she had created the workplace hazard (i.e. she had put up the pet fence).
Accordingly, the Council was liable for her workers compensation claim.
Implications
Employers should be aware that responsibility for a safe workplace extends to work from home arrangements, including during work breaks.
Employers should actively manage the risks of work from home arrangements through workplace policies and procedures that manage risks and also clearly address when a worker is “at work”.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.
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