What Rights Do Remote Employees Have Under Workers’ Compensation Laws?
Employees are increasingly working from home offices, local coffee shops and other remote locations, and this trend is expected to continue. While telecommuting increases worker satisfaction and productivity, it can create challenges for employees seeking workers’ compensation benefits for injuries suffered while working remotely.
According to the Society for Human Resource Management, employers must provide a safe work environment for telecommuters in the same way that they must ensure safe working conditions for employees performing their jobs on company property. An employee injured during the course of work is entitled to workers’ compensation regardless of where the injury occurred. To successfully claim workers’ compensation benefits, telecommuters must show that their injuries arose out of and occurred within the course of employment.
How Can Telecommuters Demonstrate That Their Injuries Arose Out of and Occurred Within the Course of Employment?
Remote employees attempting to collect workers’ compensation for injuries sustained at home may increase their likelihood of success if all of the following are true:
- At the time of the injury, the employee was engaged in an activity that would normally be conducted in the office setting, such as operating a computer or filing;
- The injury occurred during “routine” working hours;
- The injury does not involve a third party, such as a child, neighbor or home service provider; and
- The employee immediately reported the injury to his or her supervisor.
This update has been prepared by The Campbell Law Practice for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not a substitute for legal advice from a licensed attorney in your jurisdiction.