Here’s what you need to know about #WFH and workers’ compensation, according to a lawyer
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The pandemic has transformed the way we work, with many Canberrans now continuing to split their time between the office and working remotely.
But what does that mean for workers’ compensation? What changes when it comes to working from home?
A lot, says Partner at Maliganis Edwards Johnson, Kirsten Leitch, who has more than 20 years of experience in personal injury law. But that doesn’t mean that your rights disappear when you choose to work from home.
“In the ACT you are still entitled to compensation if you are injured ‘at work’ or suffer an injury ‘arising out of or in the course of your employment’,” explains Kirsten. “With work-from-home arrangements, that may mean that you can be injured whilst working from home. This applies whether you are working from home full-time or, for example, one day a week.”
However, Kirsten notes that with so many unique working-from-home arrangements and the rushed nature of the shift to remote working in 2020, working-from-home compensation cases are relatively new legal territory.
“It’s all very new and this is why it can be difficult to navigate the compensation process if you are injured whilst working from home and why you need to seek expert legal advice if that’s the case,” she says.
Partner at MEJ Kirsten Leitch says that working from home doesn’t automatically mean you’re unable to claim workers’ compensation.
As for ensuring you’re safe and protected while working from home, Kirsten says it’s key to speak with your employer.
“You need to make sure that you are set up to do your job from home safely. This will look different for everybody. For example, it may mean that you need particular equipment or regular ‘catch ups’ with other staff.”
However, while working from home may look very different to working from the office, Kirsten says when it comes to injuries occurring, your obligations to your employer are exactly the same.
“The reporting obligations on injured workers are not different if you are injured working from home,” she explains.
“You must report all injuries as soon as possible and if you need time off from work or to seek medical attention you should lodge a workers’ compensation claim and seek legal advice.”
