Like it or not, remote work is here to stay. In 2023, 12.7% of full-time employees were remote, and 28.2% were in a hybrid model, and those numbers are expected to increase in the coming years. With 98% of workers wanting to work remotely at least part of the time, all industries, specifically more remote-friendly roles and sectors such as administration and staffing, should expect a continued push for remote work. As the landscape of work continues to evolve, it’s crucial for employers to stay informed.
Technological advances have made it easier for employers to provide work-from-home privileges to employees. However, this increase in remote and hybrid roles raises an important question: How does workers’ compensation apply to employers who work from home? Whether your employees are temporarily working from home or are full-time telecommuters, it’s your responsibility to understand exactly how workers’ compensation applies to remote employees and what steps you should take to protect yourself and your workers.
Are Remote Employees Eligible For Workers’ Compensation?
In short, yes. Even if your employers work from home or some other remote location, they are covered under workers’ compensation. A work-related injury is compensable under workers’ compensation regardless of where the injury occurs. In general, the courts found that hazards in a remote employee’s home also count as a work hazard if that person completes their duties in that space. This means employers are still responsible for providing a safe work environment, even if that environment is not on company property. However, workers' compensation is designed to protect both employers and employees in these situations.
It's essential to understand that not every injury or illness suffered in a work-from-home space is automatically considered work-related. To be eligible for workers’ compensation, a remote employee must experience an injury or illness that “arises out of and in the course of employment,” which refers to the employee's actions and the timing of the injury. These two details are crucial because remote employees must demonstrate that their injury or illness occurred while acting in their employers’ interests. Having a clear understanding of these criteria will empower you and your employees to confidently navigate the workers' compensation process.
Carpal tunnel syndrome is an easy example of an injury that could happen at home and would be covered by workers’ compensation. Repetitive injuries, brought on by excessive typing, occur in many desk workers, whether in the office or at home. Though you can offer ergonomic desk equipment to limit the chance of this happening, it does not guarantee the prevention of this syndrome. Therefore, workers’ compensation would still apply.
How Can I Limit Workers’ Compensation Liability For Remote Employees?
While you can’t monitor employees who work from home as closely, you can still take measures to limit work-related injuries and protect your business. This process begins by creating and implementing a detailed at-home work policy outlining remote work expectations. This policy should include general expectations and reporting procedures and offer safety guidelines for a home office or designated work area.
Moreover, you can limit your liability through the following:
- Defining core work hours and specific job duties for each employee: By providing your team with an established role, you ensure that every employee is equipped with the necessary training and knowledge, minimizing the likelihood of errors or accidents that could result in injuries. Setting core hours also aids in safeguarding against employee burnout and the risks associated with overworking.
- Providing training on ergonomic workstations and safety measures: This involves training your team on workstations that can promote good posture, reduce strain, and enhance overall well-being. In addition, it includes educating them on essential safety practices to prevent workplace-related injuries, specifically in a home environment. In most cases, injuries from slips, trips, and falls at home are covered in workers’ compensation, so stay vigilant and train your team.
- Conducting periodic home office checks: When appropriate, reviewing an employee's remote office can help identify and eliminate work area safety hazards. This doesn’t mean barging into an employee's home unannounced; instead, it should be offered as a safety initiative employees can opt into.
- Setting fixed meal and rest periods: Establish fixed meals and breaks outside of core hours, specifically for telecommuters. If an incident does occur, these defined hours can help determine whether an injury was “in the course of” employment.
- Requiring homeowner's or renter's insurance: Most employees will already have this but making it a requirement for remote privileges can help cover any potential equipment damage or liability if anything happens in their home. Be sure to review said insurance to ensure all contingencies are covered.
It’s also important to note that states can have differing laws about what constitutes a work-related injury. These laws can shift over time, so try to keep up to date with your state’s rules and regulations to help keep your workers safe and protect your business against improper claims.
Employee Safety With GMS
Every year, U.S. businesses suffer the consequences of workplace injuries. Not only do these injuries result in lost time, but safety violations can and will lead to costly fines. Ensure your team has the tools they need to succeed while creating a culture of safety. Professional employer organizations (PEOs), like GMS, can help you take a proactive approach to workplace safety.
Want to take the appropriate steps to stay current on labor regulations and protect your business? Contact GMS today to talk to one of our experts about professional risk management and other workplace safety issues.