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ARTICLE · 05 MAY 2022

Employees Injured While Working From Home Could Be Entitled To Workers' Compensation

Seven months into the COVID-19 pandemic, Alexandria Gentile-Patti was working from home as a telephone customer service agent for Air Canada.

CanadaEmployment and HR

Seven months into the COVID-19 pandemic, Alexandria Gentile-Patti was working from home as a telephone customer service agent for Air Canada. At the time, many Canadians brought their workplaces home to weather the pandemic. On September 25, 2020, Mme Gentile-Patti took her lunch break and ventured downstairs. After a few steps, she lost her footing and fell-sustaining an injury. For this harm, she claimed workers' compensation.

Air Canada contended that the fall had no connection to her employment; i.e., she was at home and she was not working when she fell. Ultimately, the Québec Administrative Labour Tribunal ("Tribunal Administratif Du Travail") ruled that Mme Gentile-Patti was indeed entitled to compensation under the provincial framework for employment injuries. To be clear, the injury at home was a workplace accident for compensation purposes. It occurred only moments after she disconnected from work to take a break and eat.

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