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ARTICLE · 13 APRIL 2020

Workers compensation and working from home

Her dependent children claimed that her death at home resulted from injuries sustained in the course of her employment.

AustraliaEmployment and HR

Are your employees 'safe' when working from home? The timely NSW Court of Appeal decision in Workers Compensation Nominal Insurer v Hill 1 explores this issue and an employer's workers compensation risks for an employee working from home.

Facts

The Deceased and her de-facto partner (the Defendant) were employed by a family company as financial advisors. The Defendant was, in effect, the Deceased's co-worker and supervisor. The pair operated out of their family home in New South Wales, where they resided with the Deceased's two dependent children.

The attack by the Defendant on 16 June 2010 was inspired by paranoid delusions as he believed the Deceased was conspiring with authorities to take his clients and ruin him professionally. The Defendant was later found not guilty of her murder on the grounds of mental illness.

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