Since the Covid 19 pandemic the number of people working from home has increased significantly and many businesses continue to move towards hybrid working. Yet remote working poses risks for employers and employees, particularly when it comes to health and safety. If you are injured working from home, who is at fault?

Both you and your employer have a responsibility to ensure that correct health and safety guidance is followed. The most common types of physical injuries when working from home are, repetitive strain injury, neck pain, back pain, and eye strain. Often these injuries are caused by equipment that has been incorrectly set up.

Although the Workplace (Health, Safety & Welfare) Regulations 1992 do not apply to domestic premises, employers are still obliged to take reasonable steps to ensure that you  are safe working from home. However, the duty is limited due to the lack of control an employer would have over your home environment.

Employers should carry out a risk assessment to ensure any potential risks are accounted for. If necessary, conduct a home assessment, but this is not aways a requirement and would be more common if you had a disability and required reasonable adjustments. Further, if any risks have been identified then appropriate changes should be made.

Equipment provided by the employer should be fit for purpose and adequately maintained, although maintenance of equipment is not always the responsibility of the employer.

If, computers, laptops or other Display Screen Equipment (DSE) is used as part of your work for an hour or more then Display Screen Regulations apply and a further DSE assessment should be carried out. This would involve an assessment of your workstation to ensure that an appropriate posture can be maintained, whilst checking that equipment that has been provided is safe and suitable for you to use.

There is an element of responsibility for you to ensure that your home working space is safe. For example, any employment related hazards should be reported to your employer, even after a risk assessment has been conducted. If previous risk assessments identify potential risks, then you may be responsible for rectifying some risks and maintaining a safe home environment.

If you are injured working from home, then there are limited circumstances in which your employer would be liable for your injuries. Employers have limited control over the home environment as opposed to a permanent workplace and as a homeworker, you have a duty to look after your own safety. There are some circumstances in which an employer would be liable for physical injuries, but these tend to be based on equipment that has been incorrectly set up or faulty equipment.

If you have been injured working from home, contact Richard Harriman by email or on 01494 521301.