South Australian Employment Tribunal Grants Workers’ Compensation for WFH Injury

Background

In a recent South Australian Employment Tribunal (the SAET) decision, Lauren Vercoe (Ms. Vercoe), Asset Officer for the City of Charles Sturt (the Council), sought workers’ compensation after injuring herself in September 2022 while working from home. Ms. Vercoe fractured her arm and temporarily injured her knee after tripping over a 60cm metal pet fence she had set up to enclose a colleague’s puppy which she was dog-sitting. The incident occurred during an authorised coffee break.

Issues

1. Whether the fall occurred during an authorised break as per s 7(5)(b) of the Return to Work Act 2014 (SA) (RTW Act).

2. Whether Ms. Vercoe’s employment was a significant contributing cause of her injuries.

Key Findings

1. Authorised Break

The SAET held that Ms. Vercoe’s fall occurred during an authorised break. As her home was her designated workplace, her coffee break was deemed an authorised interval under the RTW Act.

2. Significant Contributing Cause

Magistrate Carrel found that the pet fence, as a feature of her workplace at home, constituted a significant contributing cause of Ms. Vercoe’s injuries. Despite the Council not providing, instructing or being aware of the pet fence, the SAET held that the Council’s responsibility for workplace safety extended to the risks Ms. Vercoe autonomously managed within her home office.

3. Employer’s Responsibility and WFH Arrangements

The SAET acknowledged that although the Council issued a checklist for employees working from home, it “effectively abrogated its responsibilities for a safe working environment” beyond this. Magistrate Carrel emphasised that work from home (WFH) arrangements introduce additional risks, which may not align with traditional workplace hazards. Given Ms. Vercoe’s autonomy in setting up her home office, the SAET dismissed the Council’s Workers Compensation Scheme’s contention that her injury, stemming from a self-created hazard, fell outside the scope of employment-related risk.

Outcome

The SAET accepted Ms. Vercoe’s right humerus fracture and temporary knee injury as compensable. Magistrate Carrel noted that further proceedings would address the specifics of Ms. Vercoe’s compensation, given limited information about her claims.

Significance

This decision highlights evolving responsibilities for employers and the increased need for adaptable WFH safety protocols and policies, as employer responsibility for workplace safety may extend to employee-managed environments.

If you have any questions about WFH policies and how they may impact you as an employer or employee, please do not hesitate to contact Nick Stevens, Josh Hoggett, Evelyn Rivera or Ayla Hutchison.