Many people have found themselves working from home over the past several months. Telecommuting has given individuals the ability to continue many of their job responsibilities from the safety of their home. Although this offers many benefits to workers, a large area of concern surrounds the question of whether or not workers’ compensation coverage still applies to employees working from home. For many people who have recently shifted to telecommuting, this information isn’t clear and can result in confusion about their protections during this time. It is essential that you understand how workers’ compensation applies to telecommuting as regardless of where you are working, you are still granted benefits and rights as an employee. 

Employee Rights While Telecommuting

Despite the fact that you may no longer be physically attending a workplace outside of your home each day, you are generally still entitled to workers’ compensation for any illness or injury that arises out of a work-related activity. In order to receive benefits as an injured employee, you must prove that your injury was a result of performing duties that are in the interest of your employer. If you are working remotely, your home is expected to offer a similar work environment as your normal place of employment. 

That being said, your employer is expected to ensure that you are working in a safe and hazard-free space. Although it may be difficult for an employer to monitor the work environments of all employees telecommuting during this time, this does not relieve employers of their responsibility and employees are still eligible to receive workers’ compensation benefits if they are injured as a result. Some ways that employers can take responsibility for the health and safety of their employees working remotely include: 

• Conducting safety checks of employees’ home workspaces 
• Outlining guidelines of what is expected out of a home-office 
• Designating specific time periods throughout the day that are “work-related” 
• Ensuring all employees understand their responsibilities while telecommuting 

Filing a Claim 

If the current COVID-19 pandemic has left you telecommuting from home, knowing your rights is essential. There may be many changes to your work responsibilities and functions, however, you are still entirely protected by workers’ compensation laws. If your employer is requiring you to perform duties from home that could negatively impact your health and safety, you still have grounds to file a workers’ compensation case. Ensuring you are able to perform your job as effectively and efficiently as possible without the fear of injuring yourself or contracting an illness is our number one priority at Poirier Law Firm. If you are in a situation in which you feel as though your rights have been violated since shifting to telecommuting, contact us for a consultation today!

Sources: 

https://www.marsh.com/us/insights/research/covid-19-and-workers-compensation-claims.html

https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/wcandtelecommuting.aspx