Lauren Vercoe brought a claim against the Local Government Workers Compensation Scheme in Australia.

Lauren brought a claim for compensation after fracturing her right left and knee. She fell over a fence whilst working and as a result sued for a workplace injury.

Here is the twist (and I’m not talking about the knee!), Lauren was working from home and the ‘fence’ was one she erected to keep a colleague’s dog in a separate part of her home from her pet rabbit. She had offered to dog sit for a colleague, and had tripped over the fence when going for an ‘authorised coffee break’.

Court Findings and Employer Responsibilities

The Australian Court found that her ‘employment was a significant cause of any injury sustained in the fall, as the pet fence was a feature of her place of employment’.

It was found that during the time she was working from home she did not receive any direction from her employer about what activities were or were not permitted to be carried out during breaks. Further Lauren informed her employer that she would be dog sitting for a colleague and requested to work from home on the appropriate day. This was approved by the employer.

Lauren stated that her employer encouraged regular breaks and that when taking one of her breaks she tripped when stepping over the pet fence. She accepted she had not told her employer about the pet fence and they had not told her to put it up.

Arguments and the Verdict

Lauren’s legal team argued that as her home was her place of employment and she fell during a paid break that her injuries arose out of or in the course of her employment and that her employment was a significant contributing cause of her injuries because the pet fence caused her to fall, regardless of whether this was known about or authorised by the employer.

The employer argued that Lauren had erected a fence creating a clear and unusual hazard and had it not been there the accident would not have happened and that the pet fence had nothing to do with the pet fence.

The Court found that the pet fence was a physical workplace hazard and that the employer was liable for her injuries.

Now, I am not a personal injury lawyer, but what can HR or UK businesses learn from this Australian Personal Injury case?

Key Takeaways for Employers

What parameters are we setting for people working from home? Have the environments been risk assessed? Is there a requirement for workers to update you when they change something at home, or that they must work in a safe and safety conscious manner?

The Health and Safety Executive (HSE) reminds us that employers have a responsibility towards the health and safety of employees when they are working from home. Their guidance on the issue: here https://www.hse.gov.uk/home-working/employer/index.htm provides some valuable steps to take to ensure that home workers stay safe and to help limit your legal liability.

As always, revert to your policies, ensure that the rules of home working and expectations are well set out and these have been reviewed and understood by employees.

Need More Guidance?

As more people transition to remote work, the responsibility of employers to ensure safe home environments is growing. Don’t let unexpected liabilities catch you off guard. Contact our employment advisors today for a consultation or get in touch about our HR software which is compliant proof!