Workers compensation and working from home

Employers are reminded that their duty to provide a safe working environment extends to workers who are approved to work from home. 

This follows from the South Australian Employment Tribunal decision in Lauren Vercoe v Local Government Association Workers Compensation Scheme (2024), which recently found an employee to be eligible for workers’ compensation after tripping over a temporary pet rabbit fence erected by the employee whilst working from home. Although the employer had a working from home checklist, it was not completed in this instance. The Tribunal observed that the employer’s flexible work arrangements had “abrogated its responsibilities” to provide a safe working environment. 

The fact that the employee had created the workplace hazard does not preclude a finding that it is an employment-related cause. This reiterates an employer’s requirement to take all reasonably practicable steps to ensure the health and safety of these employees whilst working from home.

Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au