With remote-work trends showing little sign of ceasing, slouching non-ergonomically on the couch or a fall on the way to the washroom may prove to be as painful for employers as they are for the inflicted employees.

Some may find this perplexing and apt to open the floodgates for endless liability on the part of employers for injuries sustained by remote workers. They would be correct to assume so. After all, what evidence is there that the injury even occurred in her home let alone on her way to her scheduled lunch.

Although this case concerned eligibility for worker’s compensation and not liability for workplace injuries, it is easy to imagine how employees may seize upon it as an opportunity to extract compensation from their employers for injuries sustained in the home during the workday (or inside or outside of their home at any time) unrelated to their employment. How can an employer ever prove that any injury, performed by someone working from home was not sustained as part of performing their job?

Employers have an obligation to make employees aware of the hazards of their job and take all reasonable precautions in the circumstances to ensure a safe workplace. It seems trite to remind readers that the “workplace” is just that – the place where an employee works. But for remote employees, the question of where the line is drawn between the workplace and the private residence is not straightforward.

Companies can provide all the ergonomic furniture, special lighting, and safety equipment they like. But it is impracticable, if not impossible, for them to anticipate and control all imaginable hazards in the home workplace such as stairs not being up to code, defective fire alarms, or perils such as pets and toddlers running underfoot.

BY HOWARD LEVITT AND KATHERINE GOLOBIC

THIS ARTICLE ORIGINALLY APPEARED HERE: https://financialpost.com/fp-work/is-the-company-on-the-hook-if-a-remote-worker-suffers-a-fall-at-home