Remote Employees and Workers’ Comp: What You Need to Know

This new normal has raised many concerning questions for the American workforce, including whether or not remote employees are eligible for workers’ compensation benefits if they suffer an injury while working remotely. Thankfully, they are.

Here is everything you need to know about workers’ comp when you’re working from home.

Am I Eligible for Workers’ Compensation Benefits if I’m Working from Home?

Yes, telecommuting and remote workers are covered under workers’ compensation insurance policies if they are injured while completing a work task during working hours.

In general, the remote worker has the burden of proving that their accident/injury arose out of and in the course of their employment. It may sound surprising, but even if an employer does not have control over its employee’s home environment, they can still be responsible to furnish workers’ compensation benefits.

Common Work-from-Home Injuries

A challenge many businesses face is the inability to control the work environment for remote workers.  For example, a remote worker is more likely to trip over a toddler’s toy or slip on water spilled from a dog bowl; factors which might not be found in an office setting.  

Some of the most common work-from-home injuries include:

• Slips, trips, and falls: While most workplaces have specific protocols in place to protect their staff from injury, many homes do not.

• Occupational injuries: These types of injuries are caused not by a specific accident, but by repetitive motion which, over time, causes damage resulting in injury.  Remote workers may not have appropriate equipment such as a desk and office chair ergonomically designed for use many hours a day.  As a substitute, remote workers may end up using their kitchen table as a desk and a chair designed to be used for short periods of time to enjoy a meal.  Over time, these substitutes could lead to poor posture and a breakdown of the body manifesting in injury.

 Compensation Criteria for Work-at-Home Injuries

If you suffered an injury while working from home, you must establish that the injury arose out of and in the course of your employment in order to be entitled to workers’ compensation benefits.  What does this mean? 

• The “arose out of” requirement relates to the origin or cause of the accident.  Case law states that an accident arises out of employment if the risk of the accident is one that might have been contemplated by a reasonable person when entering the employment.  In other words, there must be a connection between the work expected to be done and the accident.  

• Secondarily, the accident must occur “in the course of” the remote workers’ employment.  This refers to the time, place and circumstances under which the accident takes place.  For example, if a remote worker is doing what he is reasonably expected to do during a time and at a place where he may reasonably be to perform his job, this requirement would be satisfied.  

Have You Suffered an Injury While Working from Home?

If you suffered an injury while working from home, you may be entitled to workers’ compensation benefits. In order to receive the compensation you deserve, you need to partner with an experienced workers’ compensation attorney.

As South Jersey’s most trusted personal injury and workers’ compensation law firm, Hyberg, White & Mann can help you get the benefits you deserve.  To learn more or schedule a free consultation, call us today at (609) 407-1000.