Amid growing demands for employees to return to the office, Australian workers have been reminded of their rights, including the ability to file workers’ compensation claims for injuries sustained while working from home.
Whether working in a hybrid model or entirely from home, employees must be aware of their rights under employment law.
Brad Annson, an employment law expert with Gordon Legal, highlighted that even employees who have the option to work in the office full-time, but choose to remain at home retain the same legal rights as those who are required to work remotely, reports News.com.
“Whether you’re working from home by choice or at the request of your employer, your rights remain the same,” Annson said.
Reporting injuries and filing claims
A crucial point many Australian workers might not be aware of is their entitlement to file workers’ compensation claims for injuries sustained while working from home.
The coverage extends to include injuries occurring during authorized breaks, such as lunch or short rest periods throughout the workday.
“Suppose an employee who is working from home injures themselves while walking their dog during a lunch break,” Annson said. “In that case, they are just as entitled to make a workers’ compensation claim as an employee who injures themselves during a lunch break at the office.”
Despite the rise in remote work following the COVID-19 lockdown, the number of workers’ compensation claims related to home-based work remains surprisingly low.
The Australian Bureau of Statistics reported that only 1% of work-related injuries occurred while working from home during the 2021-2022 financial year. In contrast, the majority of work injuries were reported in office environments or during work-related travel, such as commuting or during business trips.
For workers who sustain an injury while working from home, Annson advised that they should promptly report the incident to their employer. Employees must submit a workers’ compensation claim within 30 days of the injury to ensure they are fully protected under the law.
Right to work from home
As the debate over remote work continues to evolve, many employees are questioning whether they have a right to work from home.
Recent survey by recruitment firm Robert Half revealed that 39% of Australian businesses are mandating employees to work in the office five days a week in 2025, a slight increase from the previous year. Additionally, the average number of office days required by employers has also risen.
On the other hand, many employees, particularly in white-collar roles, believe working from home is a “fundamental right.” According to a study by Randstad, 52% of white-collar employees hold this view, whether they work from home full-time or just a few days a week.
However, Annson points out that while some employees may have an inherent right to work remotely, this is not true in every case. There are certain arrangements where working from home may be more of a negotiable benefit than a guaranteed entitlement, he added.
