Workers’ comp for remote workers is something businesses are still wrapping their heads around, as on-the-job injuries can happen from any location an employee works from. Remote employees have rights to workers’ comp, but determining the validity and graveness of the injury requires further investigation.
As the world returns to normal, the pandemic leaves behind a paradigm shift of where and how we work. A recent Zippia survey shows that 55% of employees desire to work remotely at least three days a week.
Companies are still adjusting and learning how to master async communication, build trust from a distance, and onboard employees virtually. Now, they’re also starting to consider something else: workers’ comp for remote workers.
In a traditional office setting, workers’ comp is clear. You know when and where employees work, and accidents are immediately documented. But when an employee works from their chosen location, what happens?
Merriam-Webster dictionary defines workers’ compensation as “a system of insurance that reimburses an employer for damages that must be paid to an employee for injury occurring in the course of employment.”
Recognize that in the above definition, the location of the injury is not imperative. No matter where the injury occurred, as long as it was sustained while performing work duties, workers’ comp protects workers from medical and financial hardships.
How Do the Rules of Workers’ Comp for Remote Workers Change as Opposed to Traditional In-Office Employees?
In a way, they don’t. In most states, employers are still required to provide workers’ comp for remote workers.
When an employee is working from a remote location, you don’t have control over the safety of their environment, and it’s unlikely there will be any witnesses to the accident. You can’t ensure there’s nothing to trip over, no water on the floor, or faulty machinery.
In most states, incidents that happen outside of the employees’ workspace (desk, office, etc.) are often covered by workers’ comp under the personal comfort doctrine.
US Legal explains the personal comfort doctrine as follows:
“Personal comfort doctrine is a legal principle that states that the course of employment is not interrupted by certain acts relating to the employee’s personal comfort, such as short breaks for eating, drinking, using the restroom, smoking, seeking relief from discomfort, and the like.”
However, each case is studied individually. A great example is the case of Sedgwick CMS v. Valcourt-Williams. In this case, Valcourt-Williams, a remote worker, tripped over her dog (and sustained multiple injuries) while she was grabbing a coffee cup in her kitchen during work hours. It was a tricky case since coffee breaks are permitted during work hours, but the dog she tripped over is not connected to or required by her employer. In the end, she was denied workers’ comp for this incident.
Do Contract Workers Qualify for Workers’ Comp?
Workers’ comp does not typically cover 1099 workers (freelance, contract, self-employed, gig workers), and their employers are not required to provide it. If desired or required, 1099 employees can purchase their own workers’ comp insurance.
If a 1099 employee injures themselves while working, they may seek legal action against their employer if they feel they should be covered. However, like in all insurance cases, this is a gray area. When the topic is brought to light, the state’s insurance commission will investigate whether the worker is truly an independent contractor or if the employer designates them as one to avoid paying extra monthly employment costs.
5 Ways to Reduce the Risk of Injury for Remote Workers
Reduce the risk of injury before it happens with ergonomic accessories, clear communication and duties, and a safety checklist.
Offer Remote Employees a Budget for Ergonomic Office Accessories
Many workplace injuries, especially for office workers, are caused by repetitive motions and discomfort. By allowing a budget for your employees to invest in ergonomic items, such as a keyboard, mouse, chair, and desk, they are less likely to develop carpel tunnel and back pain.
Ensure Remote Employees Are Fully Aware of the Scope of Their Duties
Perhaps an employee gets into an accident and is hurt while driving to a location for an unnecessary in-person meeting with a client. If you didn’t sign off on this and it’s not required, it wouldn’t likely fall under workers’ comp insurance.
Create a Home Safety Checklist
A home work environment should rival an in-office environment as much as possible. Create a checklist that reminds employees of safety guidelines, such as:
- Don’t run extension cords in high-traffic areas
- Place and use computers on top of sturdy, even surfaces and furniture
- Ensure electronics are connected to grounded outlets
- Don’t overload electrical circuits
- Use proper posture and techniques when lifting or moving heavy furniture
- Position your computer screen in a way that doesn’t cause neck strain
- Keep your workspace clean to avoid accidents caused by clutter
For extra security, some companies create contracts stating where most of the employee’s work will be done and their promise to keep the area organized and safe.
Set Working Hours
If possible, set specific working hours for your employees. That way, if an injury occurs outside of these hours, it will be apparent that it was not work-related or induced.
Be Clear About Rules and Regulations
If an employee is injured on the job, they must report the accident immediately and with as much detail as possible. Ensure they know how workers’ comp for remote workers works and who to contact in case they need to file a claim.
