Worker’s Compensation if you’re injured working from home

Can you get Worker’s Compensation if you’re injured working from home? The COVID-19 Pandemic has seen a dramatic shift in the number of employees working from home (“WFH”). Many employees have found that WFH has given them more flexibility and a greater “work-life balance”. 

But what happens in the unfortunate event you sustain an injury whilst WFH? Do the same protections afforded to employees in their usual workplace still apply?

Under the Work Health Safety Act 2011 (Qld), even if employees are WFH, workers are considered “at work”, and employers accept liability for the workers whilst they are WFH. If the Worker can’t complete the job safely, an employer has an obligation to make the work safe. 

If you are injured in the course of performing work that your employer expects you to complete during working hours prescribed by your employer, then you may be eligible to make a Worker’s Compensation Claim

A few examples of WFH injuries may include 

  1. Neck or back injuries arising from inappropriate or non-ergonomic workstations or furniture,
  2.  Injuries sustained from unsafe and untested electrical equipment, and common household injuries such as slip, trip, fall, or burn occur during your usual work hours.

If your employer has asked you to work from home, they must complete a WFH Risk Assessment and identify steps they can take to minimise potential risks to employees when performing their job whilst WFH. 

To be considered a “Worker” under the Worker’s Compensation Act, you will need to be an individual working under a contract and be considered an employee for tax purposes. 

Worker’s Compensation claims in Queensland are generally a no-fault system; the Worker is not obligated to prove that their employer is liable for their injury. A Worker needs to establish that their employment significantly contributed to their injury. 

The regular timeframes for making a Worker’s Compensation claim apply to journey claims also. That is, a worker who has suffered an injury or illness, their claim must be lodged with WorkCover within six (6) months of the date of the accident/injury or six (6) months from the date of receiving a diagnosis from a doctor of a work-related illness or disease. 

Once the WorkCover claim has been accepted, the Injured Worker is entitled to claim:

– Weekly benefits or replacement wages (usually calculated as a percentage (%) of the Worker’s weekly earnings; 

– Medical advice and treatment (including surgery);

– Rehabilitation services such as physiotherapy, psychological, occupational therapy, pain management etc;

– Pharmaceutical expenses; and

– Travel expenses

A worker’s entitlement to claim any or all of the above, so long as there is a current worker’s compensation medical certificate to support their claim to the entitlements. We are one the best personal injury lawyers on Gold Coast. Your Claim Lawyers will always take your legal claim on a no win no fee basis.

Related Articles: The role of a Personal Injury Lawyer, Injured on My Way to Work

If you have been injured whilst WFH, contact MCG Legal to protect your rights and claim the compensation you are entitled to. 

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