Employer liability if employees are working from home

Interview Summary

A call centre worker for Air Canada was recently merited a worker’s compensation claim despite working from home when she was injured. What could this mean for employer liability going forward? Will this incident influence employee privacy rights while working remotely?

An Ottawa employment lawyer at Samfiru Tumarkin LLP spoke with Kelly Cutrara on Global News Radio 640 Toronto on the incident and employer responsibilities.

Interview Notes

Are employers responsible for at-home injuries while employees work remotely?

The case in question did take place in Quebec and there are different laws in Quebec in comparison to Ontario. It is important to note that if the workplace has shifted and there is worker’s compensation in place, employees who are injured while carrying out their duties, their injuries would fall under worker’s compensation legislation.

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Will the workplace have to be redefined as more employees work from home?

As an employer, there needs to be clear policies and expectations set as more employees continue to work from home. New policies should include set hours of work and boundaries for employees in order to help a transition forward.

How are employers responsible for possible hazards in their employees’ homes?

In discussing workers’ compensation it is important to note that the employer is not actually responsible but employers pay into workers’ compensation programs. Employers are not necessarily responsible for liable for coverage dollar for dollar however, premiums could increase. Not all employers pay into WSIB and workers compensation.