Are employees entitled to workers compensation if they suffer an injury on a break when they are working from home?
That was the question that the South Australian Employment Tribunal had to decide in Vercoe v Local Government Association Workers Compensation Scheme (2024) SAET 91 (18 October 2024)
Background
Lauren Vercoe was employed by the City of Charles Sturt (Council) as an Asset Programmer. On some days, she worked from home with prior approval from her manager.
On 19 September 2022, while working from home, Ms Vercoe tripped and fell over a temporary pet fence. The fence had been erected so that a puppy that Ms Vercoe was dog-sitting that day could be kept away from Ms Vercoe's pet rabbit.
Ms Vercoe gave evidence that the Council encouraged staff to take regular breaks. When taking her coffee break on the day of the incident, Ms Vercoe went to step over the pet fence, but her foot caught the top of the fence causing her to lose balance and fall. As a result of the fall, Ms Vercoe injured her right knee and right shoulder.
Ms Verco made a claim for workers compensation under theReturn to Work Act 2014 (SA) (RTW Act) for injuries suffered in the fall.
The claim was rejected by the Local Government Association Workers Compensation Scheme (LGA) on the basis that the injuries did not arise from employment and employment was not a significant contributing cause of the injuries.
Working from home arrangements
Like many employers, the Council offered employees working from home flexibility post the COVID-19 pandemic.
During the times that Ms Vercoe was working from home, she did not receive any direction from the Council about what activities were or were not permitted to be carried out during authorised breaks.
Ms Vercoe's supervisor gave evidence that, on a working day, the protocols were that staff should stretch for 10 minutes every hour and have a 30 minute break every 4 hours - usually away from the workstation.
Basis for rejection of claim
The LGA argued that the cause of the fall was not employment, but the pet fence Ms Vercoe erected across a walkway which created a clear and unusual hazard. It was argued that no one at the Council directed or instructed Ms Vercoe to erect the pet fence.
Ms Vercoe lodged an Application in the South Australian Employment Tribunal seeking a review of the decision to reject her claim.
Decision
The RTW Act extends the definition of employment to attendance at a worker's place of employment during an authorised break.
On the day of the incident, Ms Vercoe's place of employment was her home.
In a decision handed down on 18 October 2024, Deputy President Magistrate Carrel found that the injury occurred when Ms Vercoe was on an authorised break - noting that the council encouraged staff to take regular short breaks away from their workstations.
Having fallen over the pet fence on the way to make a cup of coffee during the authorised break, the Deputy President concluded that the injuries arose from employment.
Also, the Deputy President concluded that employment was a substantial cause of the injuries because a feature of the place of employment, on the day of her injury, was a pet fence erected as part of her management of a colleague's puppy. The pet fence created a hazard, and the hazard caused the injuries.
The fact that Ms Vercoe had erected the pet fence herself, without the knowledge of her employer, was not a barrier to the claim being accepted - with the Deputy President noting that the workers compensation scheme is a no fault scheme.
Implications for employers
A significant change to modern work practices brought about by the COVD-19 pandemic was flexible working arrangements including employees being permitted to work from home.
Working from home arrangements can have benefits for both employers and employees. An employee's home may have unique risks not found in the employer's workplace.
When deciding if an injury at home is work related, relevant considerations include: the increased workplace flexibility, the use of a private residence as a place of employment, and the autonomy this usually brings with respect to taking breaks.
Employers should be aware that workers may be entitled to workers compensation benefits if they suffer injuries when working from home - even if the injury occurs during an authorised break from work.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
