Remote Liability

(WorkersCompensation.com) - According to a 2015 Gallup Poll, 37% of workers telecommute at least occasionally. This number will almost certainly continue to grow as more and more companies realize the benefits remote workers can provide. From a workers’ compensation perspective, there are some potential pitfalls that employers need to know.

In order to be compensable under workers’ compensation, the injury or illness must “arise out of and in the course and scope of employment.” For example, if a remote worker was talking on the phone about a business matter and fell down a flight of stairs, the injuries would most likely be covered under workers’ compensation. If a remote data entry employee develops carpal tunnel syndrome, that would be covered as well. Any household injury experienced by a telecommuting employee, however, does not necessarily equate to a workers’ compensation claim. 

In order to minimize possible exposure, employers should do as many of the following as is practical considering the nature or the telecommuting employee’s job.

• If possible, employers should inspect the workspace of the remote employee to make sure there are no obvious dangers. This should include an inspection of the equipment and furniture, too. If there appear to be any issues, either the employee or the employer should remedy them prior to beginning remote work.

• The workday should be clearly defined. By doing so, an employer could plausibly argue that an employee who is injured in a fall while walking with a laptop at 2 a.m. was not “at work” and hence the injury did not occur in the “course of employment.”

• The boundaries of the workspace need to be specifically delineated. If an employee slips in the garage, the employer could argue that he or she was outside the workspace.

The above requirements should be memorialized as part of the employee handbook. None of the above safeguards will guarantee that an employer can avoid liability for a remote employee suffering an injury at home. However, by establishing guidelines to regulate remote workers, employers can minimize the risks. Fortunately, the nature of remote work tends to not be the type of employment where a lot of workers’ compensation claims arise; it tends to be more clerical in nature.

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