In 2020, millions of people began to transition from the job site to the home office. Today, many employees still work remotely.
Most remote employees enjoy the same company benefits as their office co-workers, but does that include workers’ compensation coverage?
Reasons for injuries
The most common injuries remote workers face are injuries to the back, wrists and hands. Home office equipment is at fault for many of these. An employee may use a laptop set up on the kitchen table. The laptop keyboard may be too high, resulting in a wrist injury. The chair may not be adjustable, which can lead to lower back issues as the worker hunches over. In addition, the employee could trip over the dog and sustain a knee injury on the way to the kitchen for a glass of water. If it happens during working hours, the workers’ compensation insurer will likely approve a claim for benefits.
Personal comfort doctrine
An injury does not always happen when the remote employee is strictly engaged in a task for the company. Under the personal comfort doctrine, workers’ compensation may cover the employee for an injury sustained while eating lunch, taking a bathroom break or going to the kitchen for a cup of coffee. In other words, the employee engages in activities important for his or her personal welfare or comfort during “normal working conditions.”
Burden of proof
Keep in mind that the burden of proof for any work-related injury rests with the remote employee. He or she must show evidence that the injury occurred while working on behalf of the employer. Although the employer has no control over the home working environment, courts usually find that this is not sufficient reason for a workers’ compensation insurer to deny benefits.
