Workers’ Comp for Remote Employees: Here’s What You Need to Know

Jan 14, 2023

The landscape of work underwent a transformative shift in March 2020 when the world plunged into lockdown due to the COVID-19 pandemic. This abrupt change gave rise to remote work models and paved the way for what is now known as the Great Resignation. The aftermath of mass layoffs and employee absences during the pandemic led to 47 million Americans voluntarily leaving their jobs, catalyzed by the impact of COVID-19 and the initiation of the Federal Stimulus program. However, in recent times, there has been a resurgence in workforce participation, with businesses adopting flexible remote work options to attract candidates.

The U.S. Bureau of Labor Statistics revealed that by February 2022, 1.87 million workers had reentered the workforce, triple the number from the preceding three months. This resurgence can be attributed to businesses recognizing that effective operations are possible without a rigid in-office presence. A Pew Research Center survey further demonstrated the shift, indicating that while only one in five respondents worked from home before the pandemic, 71% were doing so predominantly or exclusively by December 2020, with a desire to continue this arrangement even after the pandemic abated.

However, the return to work has also rekindled employers’ focus on employee health and safety, encompassing both physical and mental aspects. This calls for a broader perspective on workers’ wellness beyond physical injuries, to include emotional and mental well-being.

As businesses embrace remote work as the new normal, they face numerous challenges, from ensuring a safe home environment to safeguarding mental health and navigating the intricacies of workers’ compensation insurance. This blog delves into the realm of workers’ compensation for remote employees and provides insights into promoting a secure work-from-home environment.

Coverage for Remote Workers: Ensuring a Safe Workspace

It’s essential to understand that remote workers are typically covered by workers’ compensation policies if their injury or illness occurs while engaged in work tasks during work hours. Despite the challenges associated with controlling the home environment, employers are responsible for furnishing a safe work setting for both on-site and remote employees.

The burden of proof often lies with the remote worker to demonstrate that their actions were in the interest of their employer at the time of the incident. The absence of physical evidence does not necessarily warrant claim denial. As such, the emphasis on providing a secure environment remains consistent for all employees.

Common Work-from-Home Injuries: Mitigating Risks

The distinction between the safety standards of a workplace and the home environment introduces unique challenges. Common injuries include those resulting from poor ergonomics (cumulative injuries) and slips, trips, and falls. Let’s delve deeper into these categories and explore preventive measures.

1. Cumulative Injuries: Prioritizing Ergonomics

Cumulative injuries arise from repetitive movement and overuse, often exacerbated by poor ergonomics. Remote workers frequently experience conditions such as carpal tunnel syndrome, tendonitis, and back pain due to suboptimal workstation arrangements. Establishing an ergonomic workstation involves ensuring proper alignment of the body and equipment.

To prevent cumulative injuries, encourage remote employees to:

  • Use a separate keyboard and mouse.
  • Adjust workstation height and chair to maintain neutral posture.
  • Elevate the computer monitor to eye level.
  • Prevent glare by adjusting lighting and window coverings.
  • Take regular breaks to stretch and move around.

2. Slips, Trips, and Falls: Enhancing Home Safety

Slips, trips, and falls are common accidents, and the home environment poses unique risks. A proactive approach involves adhering to safety practices to mitigate these risks:

  • Wear appropriate footwear indoors.
  • Promptly clean up spills and debris.
  • Keep walkways clear of obstacles.
  • Ensure proper lighting in all areas.
  • Pay attention to surroundings while on calls or moving around.

Navigating Work-from-Home Injury Claims

Navigating injury claims involving remote workers can be complex, requiring an understanding of legal principles. The “Coming and Going” rule, which addresses accidents during commuting, is nuanced for remote workers. Factors such as whether the home is a secondary workplace and whether the employee is fulfilling work responsibilities can impact compensability.

Moreover, the “Personal Comfort Doctrine” comes into play when injuries occur while employees engage in activities necessary for their personal comfort or welfare. With the rise of mental health-related claims, employers should be attentive to the potential for stress claims and establish protocols for addressing such issues.

Promoting a Safe Work-from-Home Environment

As the work landscape evolves, a safe work environment remains paramount. Employers can take steps to promote safety for remote workers:

  • Leverage resources from insurance carriers for safety materials and ergonomic evaluations.
  • Encourage employees to maintain awareness of their surroundings.
  • Establish communication channels to address concerns and complaints.
  • Provide resources for mental health support beyond workers’ compensation.

Navigating the Future of Remote Work Safety

The transformation of work dynamics necessitates a comprehensive approach to employee safety, encompassing both physical and mental well-being. As remote work continues to shape the employment landscape, employers must adapt and prioritize safety measures. By understanding workers’ compensation policies, recognizing common work-from-home injuries, and fostering a culture of safety, businesses can navigate the evolving world of remote work and ensure the well-being of their valued employees.