ACCIDENTS AT WORK WHEN WORKING FROM HOME – YOUR RIGHTS
As a result of the Covid19 outbreak and the Government’s advice, many employees are now working from home. In the case that you were to have an accident at home whilst working, what are your legal rights? Our experienced solicitors will be able to give you clear and independent legal advice on your working from home legal rights.
Does my employer have a duty of care to look after my safety if I’m working from home?
Under the Health, Safety and Welfare Act 2005 (Amended), your employer still has a responsibility to take reasonable care for your safety, health and welfare at work, even when you are working from home. The employer has a duty to ensure the safety, health and welfare of the employee that is reasonably practicable, regardless of the location the employee is working in. However, the extent of this duty would be limited due to the lack of control your employer has over your home.
Work-Place injury Compensation Claim
If I had an accident at work whilst at home, would my employer be liable?
As you would have more control over your home, there is a significant duty upon you to also look after your own safety. However, your employer is obligated to provide the equipment and skills for you to safely work, while also maintaining the tools and equipment that you need to carry out your work.
Whilst working from home, employees also have a duty to take reasonable care of themselves and others who may be affected by the work they are doing. These responsibilities include:
- Cooperating with your employer and follow their instructions.
- Protect yourself and others from harm during the course of your work. For example, you must take care of your equipment and report any defects or problems immediately to your employer.
- Report any injuries to your employer immediately.
- Follow any procedures put in place by your employer, such as the procedure or checking in regularly.
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Does the extent of the duty of care depend on the work I’m carrying out at home?
The extent of the duty of care would depend on the type of work you are carrying out at home. Your employer is obligated to conduct a risk assessment of the work that will be carried out in the home environment and consider whether your work is suitable to do in your home generally.
If the work is suitable to be carried out at home, then your employer must now consider whether your specific home is suitable for you to work in and carry out your tasks in. For example, if you are required to work from your laptop for a long time, do you have a clutter-free and well-lit space to carry out your work? Or if you were making products at home such as clothes or toys, your employer could be expected to consider whether you have enough space to make and store the products and whether you have the appropriate and safe equipment in your home to carry out the task without the risk of objects falling on you or causing you to trip or fall or sustaining an injury from defective tools and equipment.
Would my employer have to visit my home to carry out an inspection before I’m able to work from home?
It is unlikely that an employer would be expected to visit your home to carry out an inspection, although in some cases, it might be necessary depending on the nature of your profession. Typically, the employer would discuss the appropriate safety measures with the employee.
How we can help ?
If you have experienced an accident in the workplace and you have questions surrounding the incident, please contact our Work-place Accident at Coleman Legal to find out if you have a potential legal action against your employer.
Senior Personal Injury Solicitor
Our dedicated team has collective experience of over 100 years in workplace accidents and we are ready to advise and assist you with your claim. If you have experienced an accident in the workplace and you have questions about it, please fill-out this ‘Free Case Evaluation Form‘ and one of our experience Solicitor at Coleman Legal will contact you.
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