Injured while working from home? You may have a workers compensation claim!
A South Australian council employee has been successful in her claim for workers compensation after injuring herself tripping over a pet fence while working from home.
In a judgment handed down on 18 October, the South Australian Employment Tribunal (SAET) found that the injury did arise out of the employee’s employment.
Whilst the actual amount of compensation is still to be determined in this particular case, it may set an important precedent for other South Australian employees who are injured while working from home to successfully claim for workers compensation.
The Details
The employee in this matter is Ms Lauren Vercoe (Ms Vercoe), whilst her employer was The City of Charles Sturt Council (the employer).
Ms Vercoe sustained her injury when she tripped and fell over a pet gate which was set up in the doorway of the room in which she was working from home, to allow her to babysit a colleague’s puppy while she was working. Ms Vercoe stated that she got up to make a cup of coffee, requiring her to climb over the pet fence to get to her kitchen. When stepping over the fence, her foot caught in the top of the fence, causing her to lose her balance and fall to the ground, landing on her right knee and right side.
Ms Vercoe fractured her right shoulder in the fall and injured her right knee.
Ms Vercoe made a claim for workers compensation for her injuries against the Local Government Association Workers Compensation Scheme.
The Arguments
Ms Vercoe submitted to the Court that the evidence established she was working from home on 19 September 2022 which meant that her home was her place of employment within the meaning of the Return to Work Act 2014 (SA). Further, she argued that she sustained the injuries during a paid break whilst she was going to grab a coffee from her kitchen, something she did whilst working in the office. It was also argued that her employer did not have to provide, know about or tell Ms Vercoe to erect the pet fence for the pet fence to be a feature of her place of employment.
The employer argued that Ms Vercoe had erected the pet fence across a walkway, creating a clear and unusual hazard. The employer asserted that this was the important or influential cause of her fall and that if Ms Vercoe had not erected the pet fence, the fall would not have occurred.
Court’s Decision
The Court stated that the employer had a flexible culture of working, which included working from home arrangements. The increased flexibility of allowing Ms Vercoe to work from home as her authorised place of employment must be taken into account, as well as the autonomy she had to take short breaks at her discretion. Further, the Court held that Ms Vercoe was taking a short, authorised paid break when she sustained her injury by falling over the pet fence and this meant her injury was compensable under the Return to Work Act.
Summary
It is clear from this decision that if injuries are sustained by employees when they are working from home, the injuries can potentially be accepted as workers compensation claims (although this decision may potentially be subject to a further appeal).
Every workplace will have its own work from home arrangements, and these details will impact whether or not your workers compensation claim will be compensable. It is imperative that you obtain legal advice as soon as possible if you think you have sustained an injury whilst working from home as all contracts of employment and WFH arrangements will differ requiring tailored legal advice to each individual claim.
If you’d like to review the decision for yourself to see all the detail, here is a link – https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/91.html
Get in touch!
Tindall Gask Bentley has a large, dedicated team of lawyers who focus on workers compensation claims. At TGB Lawyers, our clients are at the centre of everything we do. We value building genuine relationships with the people we help. Compassionate, caring, cost-effective solutions and advice when you need it most. Get in touch with us to see how we can help you:
Fill out our online enquiry form,
Call us – (08) 8212 1077 (SA), or
Email Denise– dabfalter@tgb.com.au.