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The COVID-19 pandemic created a spike in remote work that changed how millions of Americans clocked in each day. In 2022, 27.5% of private sector companies said their employees work remotely some or all of the time. However, many employees still have questions about the legal protections that come with working from home, especially with workers’ compensation.
Many remote workers aren’t sure if they are covered and employers don’t know what compensation they need to provide. This guide can provide some clarity so all parties are aligned when it comes to workers’ compensation for remote employees.
What Is Workers Compensation?
Workers’ compensation is monetary support provided to employees who are injured on the job or develop an occupational disease. Workers’ compensation is a state mandated program designed to protect employees and includes four major disability programs:
- Wage replacement;
- Medical treatment;
- Vocational rehabilitation;
- Other benefits.
Not only should workers’ compensation cover your medical treatment, but it should also ensure you receive a salary while you cannot work. It can also assist with training or education if you can no longer do your job due to an injury or disease.
While some employers will provide training sessions on this program, it is up to employees to know their workers’ compensation benefits. In the event of a workplace injury, it’s up to the employee to know if they are covered.
Common Work-From-Home Injuries
The Occupational Safety and Health Administration (OSHA) says an injury is considered work-related if it occurs while an employee is performing work for pay in the home and the injury or illness is directly related to the work. OSHA provides several examples of work-from-home injuries and differentiates them from common household injuries.
For example, if an employee needs to review a file and the box of documents falls on their foot, it could be considered a work-related injury. However, if an employee is late for a video call and trips over a pet while running to the computer, that is a standard household injury.
There are a few common work-from-home injuries to look out for. These include:
- Accidents like dropped items or injuries from handling equipment;
- Injuries from repetitive movements, like clicking or typing all day;
- Strains, back pain, and ergonomic issues from sitting throughout the day;
- Mental health problems from working in an isolated setting.
Some injuries can be sudden, like the dropped box mentioned earlier, while others can build up over time. You might not realize how strained your back, hands, or eyes are until working becomes unbearable.
Factors To Consider for Remote Employees
It’s harder for employees to understand their workers’ competition coverage when they are working remotely. It is worth your time to learn what injuries are covered and what kinds of support you are entitled to. Here are a few things to keep in mind when researching your workers’ compensation coverage and the processes to submit claims.
Workers’ Compensation for Remote Workers Out-Of-State
Workers’ compensation laws vary by state, so focus your research on the state level. State-by-state differences further complicate employees who work in different regions than their employers. If you work for a company that operates in Florida but you live in Oregon, you will need to learn which jurisdictions to follow when submitting claims.
Your first step is to consult with a qualified attorney in your area to discuss your case and develop a plan to move forward. They can help you learn about local and cross-state laws.
Reporting Procedures for Work-From-Home Injuries
The procedures to report an injury while working from home are similar to reporting in-person injuries. Here are a few steps you should take:
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- Seek medical treatment immediately: While your safety is the top priority, this action will also start a document trail for your claim. You can get a diagnosis from a doctor, have scans of the injury, and take photos of what occurred.
- Report the injury: Once you are stabilized, let your employer know about the accident. The sooner you tell them after the injury, the better.
- File claims promptly: Many states have windows for filing workers’ compensation claims.
Once your claim is submitted, document any changes in your employment or treatment by your employer. If you notice reduced hours, poor communication, or changes to your job duties, you may be experiencing retaliation for filing a claim. Workers’ comp retaliation is illegal, but that doesn’t mean it’s unheard of. Do not be afraid to report retaliation even if you are working remotely.
Potential Roadblocks for Remote Workers’ Comp Claims
Even if you follow all of the steps above, you may experience some roadblocks in your workers’ compensation claims. Here are a few issues that may occur:
- Your employer may claim that the injury isn’t work-related.
- They may claim the issue is a pre-existing condition that is not caused by the workplace.
- They may try to deny coverage because you are a remote employee.
- They may be unresponsive to your claims and messages, hoping you give up on the claim.
Your lawyer does more than just submit paperwork. They can also take steps to prove your injury was caused by your work and deserves to be covered.
Tips for Employers to Support Remote Employees
It is the employer’s responsibility to provide a safe work environment, regardless of whether your employees work right next to you or across the country. Here are a few tips for employers to protect their workers and support remote or hybrid employees.
Establishing Clear Policies and Procedures
The first step is to review your legal obligations to support remote employees and develop clear procedures for reporting work-from-home injuries. Share these procedures with employees and provide insight into the types of remote injuries that qualify for coverage.
Not only will these clear policies help employees understand their coverage rights, but they will also make it easier for managers and human resource teams to respond when injury reports are filed.
Promoting a Safe Work Environment
One of the best ways to avoid workers’ compensation claims is to provide safe work environments, including safe spaces for remote employees. Consider offering stipends so employees can invest in ergonomic equipment or training sessions on proper posture and stretches your team can do while working from home.
Investing in your employees’ health and safety can protect them and increase their chances of having successful careers. This can also protect your organization from excessive workers’ compensation claims.
Staying Updated on Workers Comp Laws
Workers’ compensation laws can change. If you haven’t reviewed the legal protections of remote employees since the COVID-19 pandemic, then you are due for a refresher. Set aside annual meetings to keep everyone up-to-date on workers’ compensation protections. Alert managers and staff if any coverage changes are implemented in your area.
If you have employees in multiple states, your team will need to keep up with workers’ compensation laws in each jurisdiction where your employees reside. Being prepared starts with staying informed.
When To Seek Legal Help
Seek legal help if you are a remote employee who received a denial for your compensation claim or if your employer is in the process of disputing your personal injury claim. You do not need to navigate the claims process alone and legal representation can reduce the stress and confusion of filing a workers’ compensation claim. Legal representation can also increase the chances of a successful claim because you have a knowledgeable advocate fighting for you.
Remote employees deserve compensation for workplace injuries. Choose a legal team that will stand by your side every step of the way.