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A comprehensive guide to remote working and employer liability

Below are some potential injuries remote workers might face, the legal rights of employees in such scenarios, and how employers can ensure a safe and healthy remote working environment.

Following the pandemic, the landscape of work has undergone many changes, with the advent of remote working becoming more prevalent than ever before.

This is marked by the Employment Relations (Flexible Working) Act 2023 to give employees more flexibility over where, when, and how they work. While this shift will provide greater flexibility, managing that the health and wellbeing of remote and hybrid workers will become increasingly important..

Below are some potential injuries remote workers might face, the legal rights of employees in such scenarios, and how employers can ensure a safe and healthy remote working environment.

What are common injuries among remote workers?
While remote work offers numerous benefits, it also presents unique challenges that can lead to various injuries. Some of the most common injuries remote workers might encounter include:

Back Pain: Prolonged periods of sitting in an unsuitable chair or adopting poor posture can contribute to back pain. The lack of ergonomic equipment can exacerbate this issue, with many employees who spend the majority of their workday sitting down, complaining of back pain and poor posture.

Eye Strain: Staring at screens for extended periods can lead to digital eye strain, causing symptoms like dry eyes, headaches, and blurred vision. Inadequate lighting and improper screen size or positioning can contribute to this problem.

Neck Pain: Poor ergonomics, such as an improperly adjusted monitor or keyboard, can lead to neck pain and discomfort due to constant strain on the neck muscles.

Repetitive Strain Injury (RSI): Typing on a keyboard or using a mouse for long periods can lead to Repetitive Strain Injury, which affects the hands, wrists, and arms. Inadequate wrist support and improper hand positioning are both contributing factors.

What are employees’ rights to safety and compensation?
In a remote working scenario, employees are entitled to a safe and healthy work environment, just as they would be in a traditional office setting. As the duty of care extends to employers regardless of the physical location where they work, employees are entitled to:

Health and Safety Guidance: Employers must provide clear health and safety guidelines for remote work, addressing ergonomic setups, regular breaks, and tips to prevent common injuries.

Access to Equipment: Employers should ensure that remote workers have the necessary ergonomic equipment, such as an adjustable chair, ergonomic keyboard, and monitor stands, to create a comfortable workspace.

Regular Communication: Employers should maintain open lines of communication to address any concerns, monitor wellbeing, and promptly address any issues that arise.

Work-Life Balance: Employees have the right to a reasonable work-life balance, including clear boundaries between work and personal time and the right to disconnect. Overworking and burnout can contribute to health issues, including heightened stress.

If an employee sustains an injury while working remotely due to employer negligence, they may be eligible for compensation. This highlights the importance of adhering to health and safety guidelines, even when employees are working flexibly.

If you are working remotely and are suffering from issues, then you should contact your employer to give them the opportunity to fix the problem. If the issue persists, and the employer fails to act, you can contact a personal injury lawyer or a union who will listen to your case, offer advice, and discuss whether you are eligible for compensation.

How can employers ensure a safe and healthy remote work environment?
Employers play a pivotal role in creating a safe and supportive remote work environment. Here are some essential steps employers can take:

Provide Ergonomic Support: Supply remote workers with ergonomic equipment and tools that promote proper posture, such as ergonomic chairs, height-adjustable desks, and monitor stands.

Educate and Train: Conduct training sessions to educate remote workers about the importance of ergonomic setups, regular stretching exercises, and healthy work habits.

Regular Check-ins: Maintain regular communication with remote employees to assess their well-being, address any concerns, and provide necessary support.

Flexible Schedules: Encourage flexible work schedules that allow employees to take regular breaks and engage in physical activity to reduce the risk of injuries. Flexible schedules can also help demographics such as working parents balance their personal and work commitments, in turn helping to manage stress and improve wellbeing.

Monitor Workload: Ensure that remote workers are not overwhelmed with excessive workloads, as this can lead to burnout and health issues. Creating an open workplace culture that translates across screens, such as companywide Zoom events can help ensure connectivity and help remote workers feel they can communicate with their peers and flag any ongoing concerns.

Health and Safety Guidelines: Develop comprehensive health and safety guidelines specifically tailored to remote work, covering topics such as ergonomic practices, screen breaks, and mental health support.

Encourage Work-Life Balance: Create a culture that promotes a healthy work-life balance, emphasising the importance of disconnecting from work during non-working hours and the need for boundaries.

The Employment Relations (Flexible Working) Act has ushered in a new era of work flexibility, granting employees increased opportunities to work remotely. However, this change comes with added responsibility for both employees and employers to prioritise safety and wellbeing and adapt to these changes. Remote work is not going anywhere, therefore it’s imperative that businesses recognise the potential injuries remote workers could face and take proactive measures to mitigate risks. By adhering to health and safety guidelines, providing ergonomic support, and fostering a culture of open communication, employers can create an environment where employees can work remotely with reduced risk of injury.

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