Can I Claim Compensation for a Work from Home Injury?

On 29 January 2020, the COVID-19 pandemic drove the Minister for Health and the Minister for Ambulance Services to declare a Public Health Emergency under the Public Health Act 2005 (QLD). Australia’s federal, state and territory governments placed the necessary restrictions on Australian citizens in order to slow the transmission of COVID-19. Queensland employers and employees were encouraged to enter into flexible work options to reduce the spread of the virus while maintaining the viability of the business. The declaration and subsequent restrictions placed on members of the public and employers led to a massive increase in the number of employees working remotely.

While some employees may have welcomed the opportunity to work from home, others may be struggling to cope with the disruption. Individuals and businesses are experiencing unprecedented challenges due to the COVID-19 outbreak that continues to hold the world and the economy to ransom. Nevertheless, employees must understand their rights in these unprecedented times.

If you are lucky enough to have kept your job through the pandemic and are working from home, you may have had to make several adjustments to your home, and your family life. Your employer has a legal duty to provide you with a safe working environment, even when you are legally required to work from home. Unfortunately, while the home is typically a safe haven, accidents can happen all too easily. If you have been injured while working from home, you may be entitled to claim workers compensation.

Know Your Rights.

If you have been injured while working from home and can prove that you have been injured as a result of your work activities, you may be able to claim compensation on a no-fault basis through WorkCover. However, it may be challenging to ascertain whether you were acting in the course of your employment, and therefore each case is assessed on individual merit.

Your employer’s responsibilities include:

• Making sure that your work environment meets workplace health and safety requirements.
• Conducting a risk assessment.
• Provides a working from home policy that includes;
  • clear instructions on how to perform your work tasks safely;
  • details regarding when, or how your employer can inspect your premises;
  • information on how employees should report injuries when they occur.

Your health and safety is also your responsibility when working from home, and you must ensure that you follow all health and safety policies issued by your employer.

Regardless of whether your injury is physical or psychological, you may be eligible to claim workers compensation. Trilby Misso Lawyers are personal injury compensation experts based in Queensland. If you have been injured while working from home, we can help you obtain the compensation that you are entitled to, on a No Win, No Fee basis. Regardless of the circumstances of your injury, if you think that you may be entitled to compensation, call our experienced personal injury lawyers to obtain professional legal advice. At Trilby Misso, we offer a no-obligation case review during which we will ascertain whether you have a valid claim. Strict time limits apply for WorkCover compensation claims, it is advisable to obtain legal advice as soon as possible after receiving an injury.

If you’d like to learn more, see this article about workers’ compensation. We can also help with your personal injury claim.

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