At home it's your problem

By VIKKI BLAND

A self-employed journalist working from home began experiencing agonising pain in his shoulders.

He contacted the Accident Compensation Corporation (ACC) for help to pay the $50 a session cost of the physiotherapy which he had been told would help him to continue working.

ACC sent out a workplace specialist to review the ergonomics of the journalist's home workstation, but declined to assist with the costs.

Concerned he would lose his ability to work, the journalist prepared his ACC claim in greater detail.

"I found myself sitting in front of an ACC-appointed arbitrator and two ACC people who put me through the hoops asking questions and cross-examining me," the journalist says of his predicament, which came about two years ago.

The interview was taped.

He says ACC warned him its decision would be binding and if his claim was declined he would not be able to claim occupational overuse syndrome (OOS) injuries in the future.

ACC found that as there was no specific event to which they could relate the pain, the claim must be declined.

"If I damaged my arm or shoulder in a specific incident it would be different, but long-term use in the workplace was not considered a cause despite various testimonies to the contrary," the journalist says.

He took ACC to court. Although the judge showed concern over the way ACC had conducted the claim, the judgment was made in ACC's favour.

The journalist was forced to "tough out" his OOS injury and has since had to regulate his workload.

It's a sobering story, and for those who are self-employed and pay hundreds or thousands in ACC levies it hardly seems fair.

Department of Statistics figures show that in June 2003 about 12.4 per cent, or almost 250,000, of the workforce of two million were self-employed. In 2001, almost half New Zealand's homes had internet access and a computer. It's a logical assumption that thousands of us are using computers and mobile phones to work from home.

So what happens if you incur an occupational overuse syndrome (OOS) or repetitive strain injury while working at home?

John Forrest, communications manager for the government agency Occupational Safety and Health (OSH), says self-employed people working from home are responsible for their own health and safety.

"OSH doesn't prosecute people if they are self-employed and don't employ anyone else," Forrest says.

But it is a different matter if the at-home worker is employed by someone else. "Your workstation then becomes an extension of the employer's workplace and the employer is responsible for ensuring the workstation environment is a safe one."

ACC does not comment on specific cases, but its website (www.acc.co.nz) indicates that the cost of claims for OOS conditions are increasing. In 2002, ACC processed 2460 OOS claims at a cost of $10,468,038 to employers. In the following 12 months, those figures were 2705 and $18,193,025.

ACC says on the website that the problem is extensive and comes at considerable cost.

ACC responds to the high number of OOS claims through prevention programmes developed in conjunction with OSH. But what if it's too late - is ACC fair to OOS sufferers. Are most claims accepted, or are court cases the norm?

As the at-home journalist discovered, it depends. ACC says it covers musculoskeletal injuries that develop over an extended period of time as a result of a "property or characteristic in a person's work activities or work environment."

While that theoretically does cover people working from home, ACC expects specifics about the exact nature of injuries - you cannot be diagnosed as simply "having OOS" (see the side box for specific OOS conditions covered.)

ACC says it is essential to pinpoint the characteristics of the workplace that has caused or contributed to the cause of the condition. It uses section 30 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 to assess claims.

"The property or characteristic [that causes OOS should not be] found to any material extent in the claimant's non-work activities or environment," the legislation says.

If that can't be established, then - as the journalist discovered - you could be in for a fight to get cover for therapy costs and loss of income.


Common OOS injuries


* Achilles tendinitis

* Carpal tunnel syndrome

* Epicondylitis, lateral or medial (elbow)

* Low back injuries (gradual onset)

* Rotator cuff shoulder syndrome

* Prepatellar bursitis

* Tenosynovitis

* Tendinitis