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Case Update: Work from home injury is compensable - Lauren Vercoe v Local Government Association Workers Compensation Scheme

07 November 2024

In a recent topical ruling from the South Australian Employment Tribunal, the Tribunal found that Ms Lauren Vercoe's injuries, sustained while working from home, arose out of her employment. This decision underscores the importance of recognising the evolving nature of workplace environments, especially in the context of remote work.

Ms Vercoe tripped over a pet fence during a coffee break which she had erected to separate her pet rabbit and puppy. The Tribunal held that Ms Vercoe's fall occurred during an authorised coffee break at her home office. 

The "employment" was ultimately deemed a significant contributing cause of her injuries, which included a right humerus fracture and a temporary right knee injury.

This case reinforces that a workplace includes a worker's remote working environment. Injuries that occur at a worker's remote working environment may be compensable. An employer must, therefore, have in place robust safety measures and adequate policies and procedures that address both the management of safety risks at home, and when a worker is considered to be "at work".

Lauren Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91 (18 October 2024)

Please contact us at DWF (Australia) if you require advice in relation to managing employees in a remote working environment.


Further Reading