Employers are being warned of an impending surge in stress claims and injury cases with COVID-19 work-from-home policies leaving them exposed to a potentially costly legal minefield.

Employment law expert Richard Gunningham of Batch Mewing Lawyers said companies were starting to anecdotally report a rise in staff claims for stress and for accidents that occurred while working at home.

“It’s only a matter of time until we start seeing these cases start to be tested in the courts,” Mr Gunningham said.

“The law can be ambiguous in this situation – for instance, who is at fault if a child is seriously injured while a parent is working at home? What if an employee claims a psychological injury arising from the isolation of working from home? What if an employee contracts COVID-19 after being directed to return to work?”

Mr Gunningham said if an employer does require an employee to work from home there are steps they can and should take to manage the risk of a safety incident.

“Employers need to weigh up the risks to them and their company if their employee’s home becomes their workplace,” he said. “Employers have duties to take steps to ensure their employees’ work areas are free from risk. This includes obvious risks like trip and electrical hazards and less obvious risks like adequate lighting and a clear path to an exit.”

Even in short term work-at-home arrangements, Mr Gunningham advised employers to ensure employees’ workspaces comply with Work Health Safety laws.

“Employees also need to be advised about what is or isn’t appropriate when working from home so they aren’t a risk to themselves,” he said

“A working from home checklist that the worker is required to complete and sign off on is a good place to start. Employers can shift the responsibility to workers to some extent, but not completely.

“Many companies and government departments require their staff to send photos of their workplaces to ensure they comply, however, employers have no visibility of whether a child’s toy in the hallway causes the parent to trip and hurt themselves while on their way to a conference call.” 

Mr Gunningham said there would be long-term impacts to the cost of workforces a result of COVID-19.

“Sick leave figures are likely to be much higher than they have ever been in the past in a post COVID-19 world, as employers will no longer be prepared to risk allowing staff to come into the office if they are unwell,” he said. 

“Employees will also be more mindful of keeping away from fellow workers if they are feeling unwell, whereas they may have previously gone to work with a sniffle or a cough.”

On average, workers already call in sick 11 days a year, with a Direct Health Solutions report revealing that it cost the economy more than $35 billion in wages and lost productivity.

“While once seen as a badge of honour in some industries, working through illness is something which employers are likely to frown upon now,” Mr Gunningham said.

“Days lost to illness can have a big effect on the bottom line, but one thing all employers have learned during the COVID-19 pandemic is that if left unchecked, illness can spread quickly and effectively shut a business down overnight. 

“Employers are likely to take a hard line with anyone turning up to work unwell and send them home.”

Mr Gunningham said employers were also more likely to be proactive in terms of offering their staff access to employer-funded vaccines to try and cut down on future illness and absenteeism.

He urged employers to remain vigilant in sticking to their plan to manage the risk of COVID-19 transmission, including any government required COVID Safe plan if applicable to their industry.

“Employers who don’t ensure their workers and visitors stringently follow their plan for managing the risk of COVID-19 transmission are exposing themselves to financial, operational and reputational risk,” he said.

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