❓ A WA parliamentary question addresses workers' compensation liability for injuries in work-from-home arrangements, clarifying employer and property owner responsibilities and seeking guidance resources. The response clarifies employer liability, relevant legislation, and resources for employers.
AnsweredQoN 2065Legislative Council
QuestionView source ↗
I refer to the current trend of workers undertaking working from home, and I ask: (a) what is the workers compensation legal liability of employers for injury and accidents that occur in home workplaces; (b) what part of the legislative framework determines the liability in part (a); (c) what is the workers compensation legal liability of the owners of the property in which injuries occur for injury and accidents that occur in home workplaces; (d) what part of the legislative framework determines the liability in part (c); (e) are employers required to conduct workplace safety assessments of the work-from-home environment of their employees; (f) if yes to (e), under what legislative or regulatory instrument; (g) what legal precedent is the Government relying upon to determine liability for work-from-home injuries; (h) how are other jurisdictions managing the liability for work-from-home injuries; and (i) where can business owners and employers go for advice on this issue?
AnswerView source ↗
Answered
13 August 2024
Responded by
Parliamentary Secretary representing the Minister for Industrial Relations
Response time
7 days
a) An employer will have a workers compensation legal liability if any of the employer’s workers suffer an injury from employment, regardless of where the injury occurs
b) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
c) Not applicable. The legal liability is imposed on a worker’s employer only
d) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
e) Yes
f) Section 19 of the Work Health and Safety Act 2020
g) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
h) WorkCover WA advises it is not able to comment on the activities of other jurisdictions
i) The Safe Work Australia website, WorkSafe WA website, or WorkCover WA website. For advice on liability for specific working from home arrangements, employers should seek legal advice.
b) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
c) Not applicable. The legal liability is imposed on a worker’s employer only
d) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
e) Yes
f) Section 19 of the Work Health and Safety Act 2020
g) Sections 6 and 12 of the Workers Compensation and Injury Management Act 2023
h) WorkCover WA advises it is not able to comment on the activities of other jurisdictions
i) The Safe Work Australia website, WorkSafe WA website, or WorkCover WA website. For advice on liability for specific working from home arrangements, employers should seek legal advice.
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