Does Workers’ Compensation Cover Me Working from Home in Queensland?

With the rise of remote work, especially accelerated by the COVID-19 pandemic, many Queenslanders are now working from home. This shift has raised important questions about workers' compensation coverage for injuries sustained in a home office environment. 

This article will explain your rights and the conditions under which you can claim workers' compensation for injuries incurred while working from home in Queensland.

Understanding Workers' Compensation in Queensland

Workers' compensation in Queensland is governed by the Workers' Compensation and Rehabilitation Act 2003. This legislation ensures that employees who suffer work-related injuries or illnesses receive financial support and medical assistance. The scheme is designed to cover a wide range of injuries, including those that occur while working from home, provided certain conditions are met.

When Are You Covered?

To be eligible for workers' compensation while working from home, the injury must arise out of or in the course of your employment. This means that your employment must be a significant contributing factor to the injury. However, not all injuries that occur during the work day at home will be automatically covered. Here are some key points to consider:

1. Work-Related Activities: If the injury occurs while you are performing your work duties, you are likely covered. For example, if you injure your back while lifting work-related materials or develop carpal tunnel syndrome from prolonged computer use, these injuries would typically be considered work-related.
2. Breaks and Recesses: Injuries sustained during ordinary breaks, such as lunch or bathroom breaks, may also be covered. For instance, if you slip and fall while getting a drink of water during a scheduled break, this could be considered a work-related injury. However, an injury sustained during an impromptu jogging break during the workday may not be considered an “ordinary recess” and may not be covered.
3. Employer's Instructions: If the injury occurs while following specific instructions from your employer, it is likely to be covered. For example, if your employer instructs you to check the security of your home due to a recent burglary and you get injured in the process, this would be considered work-related.
4. Work-related Travel: If a workday or shift starts at one place of work (home or workplace) and the worker travels to another location as part of their shift, then that trip may be considered a work related injury.  

Case Study: Hargreaves vs. Telstra Corporation Limited

A landmark case that illustrates the application of workers' compensation for home-based injuries is Hargreaves vs. Telstra Corporation Limited [2011] AATA 417. In this case, Dale Hargreaves, a Telstra employee, sustained two shoulder injuries while working from home. On both occasions, her working day had commenced and she had logged into her Telstra computer. On the first occasion, she had gotten up from her workstation to go downstairs and take cough medicine. On the second occasion, she had gotten up from her workstation to go downstairs to make sure the front door was locked after her son had left for school, and again fell down the stairs injuring her shoulder. 

The Administrative Appeals Tribunal ruled that both injuries were work-related because they occurred during the course of her employment. The AAT considered the circumstances of both accidents. The court found that the first action of going to take medicine constituted “a need for an absence from her workstation for the necessities of nature such as a toilet break or a meal break”. The AAT also found that Ms Hargreaves was complying with an instruction from her employer to keep the door locked during the day when she was working from home. The requirement from her employer became part of her employment obligations and fell within the scope of her employment. Therefore both accidents were accepted as workplace injuries. This case set a precedent for similar claims, emphasising that the context and circumstances of the injury are crucial in determining coverage.

Case Study: Demasi and Comcare [2016] AATA 644

In contrast, the AAT has recently refused to accept a claim for an injury Ms Demasi sustained whilst working from home in different circumstances. In this case, Ms Demasi was working remotely as a producer and presenter for the ABC. She had commenced work at 7.30am, and taken an unscheduled work break at 10.30am and went for a run. She tripped on an uneven surface, landed and broke her right hip. 

While it was accepted that Ms Demasi’s home was her place of work at the time of the injury, the AAT found that her injury was not sustained during an “ordinary recess” in her employment, given it was not during a lunch break, but rather at an ad hoc, random time of the day. 

Employer Obligations

Employers have a duty of care to ensure the safety of their employees, even when they are working from home. This includes:

1. Risk Assessments: Employers should conduct risk assessments of the home work environment to identify and mitigate potential hazards. This can be done through self-assessment checklists or virtual inspections.
2. Workplace Policies: Employers should have clear policies and procedures for working from home, including guidelines on safe work practices, reporting injuries, and maintaining a safe work environment.
3. Providing Equipment: Employers may need to provide appropriate equipment, such as ergonomic chairs and desks, to ensure a safe and productive work environment.
4. Psychological Safety: Work from home injuries can also include psychological injuries. Employers have a duty to consider a worker’s physical and psychological health when creating a work from home arrangement. 

Employee Responsibilities

Employees also have responsibilities to ensure their own safety while working from home. These include:

1. Maintaining a Safe Work Environment: Employees should set up a designated work area that is free from hazards and distractions. This includes ensuring proper lighting, ergonomic furniture, and safe electrical setups.
2. Following Safety Procedures: Employees should adhere to their employer's safety policies and procedures, including taking regular breaks and using equipment correctly.
3. Reporting Injuries: If an injury occurs, employees must report it to their employer as soon as possible and seek medical attention. Prompt reporting is crucial for the workers' compensation claim process.

How to Make a Claim

If you are injured while working from home, follow these steps to make a workers' compensation claim:

1. Seek Medical Attention: Visit a doctor to get a medical certificate detailing your injury and its connection to your work.
2. Notify Your Employer: Inform your employer about the injury and provide them with the medical certificate. Your employer will then notify WorkCover Queensland or their self-insurer.
3. Lodge a Claim: You or your employer can lodge a workers' compensation claim with WorkCover Queensland. Ensure you provide all necessary documentation, including the medical certificate and any evidence of the injury's connection to your work.
4. Follow Up: WorkCover Queensland will assess your claim and may request additional information. Stay in contact with your employer and WorkCover to ensure your claim is processed smoothly.

Next Steps, getting advice:

In Queensland, workers' compensation does cover injuries sustained while working from home, provided the injury arises out of or in the course of your employment. Both employers and employees have responsibilities to ensure a safe work environment, even in a home office setting. 

If you are injured while working from home, it is important to understand your rights and follow the appropriate steps to make a workers' compensation claim. 

For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online. Our team serves all of Queensland, from Brisbane, Gold Coast, and Sunshine Coast to Logan, Ipswich, and regional hubs like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.