Case Study: Working from home employee erected own trip hazard
At a time where technology has enabled more employees to work from home (WFH), the boundaries between personal responsibility and employer liability are increasingly blurred. A recent case has highlighted this tension, as an employee working from home is eligible for worker’s compensation after tripping over a hazard they had created themselves. This case raises critical questions about workplace health and safety, even within the confines of an employee’s home.
The case overview
The council worker, working from home injured herself after falling over a 60cm high metal pet fence she erected in the doorway of her home office to keep a colleague’s puppy away from her pet rabbit. The incident led to medical treatment and a temporary inability to work. The employee was back on full duties and hours within six weeks of fracturing her shoulder.
Despite the unconventional circumstances, the employee argued that the injury arose out of or during the course of employment and the employment was a significant contributing cause of the injury. The Magistrate noted the council did not find a working from home checklist on file for the employee and the employee said she could not recall completing the form.
The legal outcome
The court ruled in favour of the employee, finding the employee eligible for worker’s compensation:
- Employer responsibility: The court found the employer had a duty of care to ensure the safety of the employee while working from home. While the employee had created the hazard, the council failed to carry out their responsibility or duty for the provision and maintenance of a safe working environment when working from home although the council’s working from home checklist demonstrated an attempt to guard against work healthy and safety risks, notwithstanding the practical difficulties of assessing such risks.
- Workplace definition: The court upheld the notion that a home office qualifies as an extension of the workplace, meaning workplace safety regulations apply.
- Shared liability: While the employee bore some responsibility, the ruling emphasised the employer’s obligation to support WFH setups to minimise risks. The Magistrate, while granting the employee eligible for Worker’s Compensation, confirmed this would be capped due to it being unreasonable for the employer to contemplate the specific hazard in the employees home causing the fall being 'too high a bar for compensability'.
Implications for employers
This case serves as a reminder for businesses navigating the complexities of working from home and other locations. Employers must recognise their duty of care extends beyond the office walls. Key takeaways include:
- Comprehensive risk assessments: employers should provide clear guidelines for setting up a safe home workspace. Virtual or assessments using photographs may help identify potential hazards.
- WFH policies: implement policies addressing ergonomic standards, electrical safety, and clutter management to reduce trip hazards and similar risks.
- Regular training: offer ongoing training to educate employees about maintaining safety in their remote work environments.
Employee responsibility
While employers have obligations, employees also play a role in ensuring their workspace is safe. Individuals should:
- conduct regular self-assessments to identify and mitigate hazards.
- follow employer-provided safety guidelines diligently.
- report any issues or concerns to their employer to address potential risks proactively.
A changing landscape
Cases like this highlight the evolving legal landscape of employees who work from home or other locations from time to time. Balancing employer liability and employee accountability is critical to fostering a safe and productive WFH culture.
AMA Queensland’s Workplace Relations Team assists both employers and employees to work together to ensure working from home remains not just flexible but also safe. Our Workplace Relations expertise enables practices to take proactive measures today with the aim to prevent costly accidents tomorrow.