Telecommuting is at an all-time high. Even before the coronavirus pandemic, about 5 million employees (roughly 3% of America’s workforce) were working from home at least half the time. Now, telecommuter numbers have sky-rocketed to unprecedented numbers, accompanied by the ever-trending hashtag #WorkFromHome. With the sudden influx of telecommuters, many people may be left wondering if they are still covered by workers’ comp even when they’re not necessarily at work.
The short answer is yes; employee injury or illness is compensable under workers’ comp if it arises out of and in the course of employment. However, your employer may have telecommuting policies that limit their liability for home-based employees’ workers’ comp. Below are some examples to help explain possible situations where workers’ comp would and would not apply to telecommuters.
According to OSHA, injuries and illnesses that occur while an employee is working at home, including work in a home office, will be considered a work-related injury if it occurs while the employee is performing work for pay or compensation in the home and the injury or illness is directly related to the duties and performance of work rather than to the environmental setting. For example, if an employee drops a box of work documents and injures his or her foot, the injury would be considered a work-related injury. If an employee’s fingernail is punctured by a needle from a sewing machine used to perform garment work at home, became infected, and required medical treatment, the injury would be considered a work-related injury. On the opposite side of the spectrum, if an employee is injured because he or she trips on the family dog while rushing to answer a work phone call, the injury would not be considered a work-related injury.
It’s important to know what constitutes a work-related injury when telecommuting or working from home. Telecommuters can file a workers’ comp claim and as long as the injury is work-related due to location, equipment, and purpose, it can be considered a work-related injury.
Regarding the current coronavirus pandemic and increase of telecommuting, workers’ comp can be a “gray area”. For telecommuters specifically, you will likely be ineligible for workers’ comp directly related to the contraction of coronavirus or COVID-19. If you are not working in a work environment, and instead you are working remotely from the safety or your home, there is no likelihood that your employer is related to your illness.
Whether you’re telecommuting or in the office, The Pottenger Law Firm can help with your workers’ comp claim. Contact us for a free consultation about your work-related injury.
