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In a world ravaged by a global pandemic, many companies across various industries had to make adjustments to keep their operations going despite the threat of the coronavirus. One of those tweaks is setting up remote work for their employees.
Telecommuters were around long before COVID-19 upended everyone’s lives. The pandemic just pushed their numbers up and will likely double in 2021, according to a survey from U.S.-based Enterprise Technology Research (ETR).
It isn’t surprising that employers like remote work setups for their employees. After all, people who work from home tend to be more productive.
Employers’ costs are down, too, although the importance of general liability insurance and worker’s compensation compels them to continue spending for that kind of protection.
That brings us to a question that lingers in the minds of many remote workers: are they covered by workers’ compensation or not?
It All Depends On State Laws
In general, remote workers are entitled to worker’s compensation coverage, but most such policies are based on state laws, the parameters of which could differ from one state to another.
For example, some states set a minimum number of employees before requiring them to maintain workers’ compensation coverage at all.
So, if the state where you work sets the minimum number of employees at five, and there are only four people on your team, you won’t have workers’ compensation coverage.
If the number of a company’s staff exceeds the minimum set by the state, then providing worker’s compensation for employees both onsite and remote is mandatory.
Injuries or Illnesses Must Be Work-related
An ailment or injury suffered by remote workers with workers’ compensation coverage is compensable, but only if it arises out of and in the course of employment.
Remote workers are prone to sustaining repetitive stress injuries or RSIs like carpal tunnel syndrome, computer neck, and tendonitis.
Typing and sitting hunched over a computer every working day can cause the above RSIs, making filing a worker’s compensation claim for them as work-related injuries easier.
Slips and falls may also happen to remote workers, but there are a lot of gray areas in this regard.
For example, a hip injury after slipping out of your chair while in the middle of a conference call may be in the course of employment, but your claim might be questioned if you fell and hurt yourself while heading to the kitchen to grab some coffee.
Providing evidence to prove that an injury happened while carrying out one’s tasks rests solely on the shoulders of the remote employee filing the claim.
As long as the remote employee can show the injury occurred while acting in their employer’s interests, the chances of a successful workers’ compensation claim are higher.
Limiting Workers’ Comp Liability for Work-At-Home Personnel
Because there are no supervisors directly monitoring employees in a remote work setup, employers may face an increased risk of liability.
To reduce that risk, employers can take precautions that may include:
- Creating a telecommuting policy that clearly defines each employee’s scope of work and sets fixed work hours and breaks
- Setting up guidelines for a home office that meets OSHA standards, even personally inspecting the designated workplace themselves to ensure its safety and security
- Choosing the right workers for telecommuting, as some may be more prone to injuries at home due to distractions
If you’re a telecommuter and you have worker’s compensation coverage, don’t hesitate to file a claim if you sustain an injury while working from home.
And since the burden of proof is on you, you need to prepare and preserve any evidence that will prove that your injury is indeed work-related.
Should your claim be denied, you might want to consider other options, like talking to an experienced lawyer to see if you have enough to take your case to court.
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