Stephen Hasner | Workers' Compensation | March 28, 2025
The shift toward remote work has transformed the modern workplace, offering employees flexibility and businesses the ability to tap into a broader talent pool. However, this shift has also raised significant legal questions, particularly concerning employer obligations for employees working from home.
Among the most pressing issues are workers’ compensation insurance and whether employers are required to provide coverage for remote employees. Understanding these legal responsibilities is vital for both employers and employees to ensure compliance and protection under the law.
If you work from home and you’re injured as a result of your occupation, you may have the right to seek benefits and compensation. Discuss your situation with a workers’ compensation attorney to review your options.
Understanding Remote Work
Remote work, often referred to as “telecommuting” or simply “working from home,” involves employees performing their job duties outside of traditional office settings, typically from their homes. This arrangement leverages technology to maintain communication and productivity, offering flexibility that benefits both employers and employees.
Working from Home is As Common As Ever
The prevalence of remote work has seen a notable increase in recent years. A recent study suggests that 35 percent of employees who have jobs that can be performed remotely are working from home full-time. Additionally, 20 percent of adult U.S. workers engage in remote work, either in a hybrid model or full-time. These figures underscore the growing acceptance and implementation of remote work across various industries.
Benefits of Working from Home for Employees
Remote work offers numerous advantages that contribute to employee satisfaction and well-being, including:
- Flexibility: Employees can tailor their work schedules to better align with personal responsibilities and peak productivity periods.
- Reduced commuting stress: Eliminating the daily commute saves time and reduces stress, leading to improved mental health.
- Cost savings: Working from home can result in significant savings on transportation, work attire, and daily meals.
- Enhanced work-life balance: The ability to manage work and personal life more effectively contributes to overall job satisfaction.
The many advantages of working from home are why employees often choose to do so when given the option or to seek jobs that allow for remote working.
Advantages for Businesses Employing Remote Workers
Employers also reap substantial benefits from integrating remote work into their operational models, such as:
- Access to a wider talent pool: Geographical constraints are minimized, allowing businesses to recruit top talent regardless of location.
- Increased productivity: Remote workers often exhibit higher productivity levels due to contentment and fewer workplace distractions.
- Cost efficiency: Reduced need for physical office space and associated expenses can lead to significant cost savings.
- Employee retention: Offering remote work options can enhance job satisfaction, leading to lower turnover rates.
Because of these and so many other benefits, many employers enjoy offering remote jobs. Especially after the COVID-19 pandemic, numerous employers have maintained the hybrid or fully-remote model for employees.
Employer Obligations for Remote Workers
Employers have certain obligations to their employees, regardless of whether they work from a corporate office or their home. These duties extend to ensuring that employees have the necessary tools, training, and support to perform their jobs safely and effectively. Some key employer obligations include:
- Ensuring a safe work environment: While employers may not have direct control over an employee’s home environment, they should provide guidelines on setting up a safe workspace, including ergonomic considerations and hazard mitigation.
- Providing necessary equipment and resources: Employers may be responsible for supplying the necessary tools, such as computers, software, and office supplies, to facilitate a productive work environment.
- Compliance with labor laws: Employers must adhere to wage and hour laws and overtime regulations and ensure remote employees receive the same rights and benefits as in-office workers.
- Maintaining clear communication: Establishing policies for work expectations, performance monitoring, and reporting workplace injuries is necessary for remote work arrangements.
Keeping up with obligations not only allows employers to protect themselves, but also ensures employees are satisfied and content in their work from home positions.
Workers’ Compensation Coverage for Employees
One of the most critical aspects of employer obligations in a remote work setting is workers’ compensation. Workers’ compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. The primary question many employers and employees face is whether remote workers are covered under workers’ compensation insurance.
Are Employers Required to Carry Workers’ Compensation Insurance for Remote Workers?
The answer is generally yes. In most jurisdictions, employers are legally required to carry workers’ compensation insurance for all employees, including those who work remotely. While the specific laws vary by state and country, the general principle remains that if an employee suffers an injury while performing job-related duties, they may be entitled to workers’ compensation benefits.
Determining Work-Related Injuries at Home
One of the complexities of workers’ compensation for remote employees is determining whether an injury occurred in the course of employment. For example:
- If an employee trips over their laptop cord while working in their home office, this may be considered a work-related injury.
- If an employee slips on their kitchen floor while taking a break, the case may be more complicated and potentially not covered.
- If an employee develops carpal tunnel syndrome due to excessive computer use while working from home, it may be a valid workers’ compensation claim.
Because work-from-home injuries may not always have clear-cut answers, legal disputes can arise, making it essential for employees to seek legal representation.
Common Workers’ Compensation Benefits
Suffering an injury or developing a medical condition can severely impact an employee’s ability to work and earn a living, as well as impose financial burdens. Workers’ compensation can provide several key benefits for injured and ill employees based on the circumstances, including:
- Medical expenses: Coverage for all necessary medical treatment related to the work injury or illness.
- Wage replacement: Partial compensation for lost wages during the period the employee is unable to work.
- Rehabilitation costs: Expenses related to physical therapy or vocational rehabilitation to facilitate return to work.
- Disability benefits: Compensation for permanent or temporary disabilities resulting from the work-related incident.
The types of benefits offered and the amount employees could receive highly depend on each state’s workers’ compensation laws. A knowledgeable local attorney can help you understand how your state’s workers’ comp operates and what benefits you could be entitled to receive depending on the specifics of your situation.
Filing a Workers’ Compensation Claim as a Remote Worker
The process for filing a workers’ compensation claim involves several critical steps. The exact workers’ comp process depends on your state’s requirements but often involves the following:
- Immediate reporting: Notify your employer about the injury or illness as soon as possible. Each state has reporting deadlines. Prompt reporting is essential, as it could have an impact on your ability to recover financially.
- Seeking medical attention: Obtain medical evaluation and treatment, ensuring that the healthcare provider documents the work-related nature of the injury. In some states, you’ll need to see an employer-approved medical provider.
- Documentation: Maintain detailed records of the incident, including how it occurred, any witnesses, and correspondence with your employer.
- Claim submission: Complete and submit the necessary workers’ compensation claim forms provided by your employer or the state’s workers’ compensation board.
- Follow-up: Stay engaged with your employer and the insurance carrier throughout the claims process, providing additional information as required.
Once you file your claim and the insurance company investigates, they will either approve or deny your claim. If your claim is approved, you should begin receiving benefits promptly. Should you receive a claim denial, it doesn’t necessarily mean it’s the end of the road – you may have additional options to appeal, which you should discuss with a knowledgeable workers’ comp lawyer.
Employer Responsibilities in Workers’ Compensation Claims
Employers must handle workers’ compensation claims appropriately to avoid legal repercussions. They should:
- Promptly report workplace injuries to their insurance carrier.
- Cooperate with investigations and provide necessary documentation.
- Avoid retaliating against employees who file workers’ compensation claims.
Failure to meet these obligations can result in fines, legal penalties, and damage to the company’s reputation.
Protecting Your Rights After a Work-From-Home Injury
After you suffer a work-related injury, protecting your rights is key. You should:
- Understand your coverage: Familiarize yourself with your employer’s workers’ compensation policy and the specific provisions applicable to remote work. If you need assistance, be sure to seek legal help from a skilled attorney.
- Collect evidence: Keep evidence and documentation of your injury or illness, including medical records and bills, photos and videos, and accident reports. Strong evidence is often key to helping you get the benefits you deserve.
- Follow medical advice: Don’t just seek medical attention – follow through with medical advice and treatment, too. Adhering to prescribed treatments and attending medical appointments is key for both recovery and claim validation.
- Be aware of deadlines: Each state has specific deadlines for filing workers’ compensation claims. Missing these deadlines can jeopardize your claim.
What you do (or fail to do) can have an impact on your insurance claim and compensation. Be mindful of your actions to put yourself in the best possible position to secure financial recovery and benefits.
Do Remote Workers Need a Workers’ Compensation Attorney?
In short, yes, employees injured as a result of their jobs should seek guidance from an experienced workers’ compensation attorney right away. Hiring a legal representative can be key to reaching a favorable result.
While some workers’ compensation claims are straightforward, many can become complicated, particularly for remote employees. Seeking legal guidance can be beneficial in situations where:
- The employer or insurance company denies the claim, arguing that the injury is not work-related.
- The benefits provided are insufficient to cover medical bills and lost wages.
- There is a dispute about whether the employee was working at the time of the injury.
- The injury results in permanent disability, requiring long-term compensation.
- Retaliation occurs after filing a claim, such as termination or reduced work hours.
The sooner you consult with an attorney, the quicker they can begin working on your case. Therefore, you should not hesitate to consult with a workers’ comp lawyer right away.
The Importance of Hiring a Workers’ Compensation Attorney
Navigating workers’ compensation claims can be complex, particularly for remote employees. Insurance companies may challenge the legitimacy of claims, arguing that the injury was pre-existing or not work-related. This is where the role of a skilled workers’ compensation attorney becomes invaluable.
How a Workers’ Compensation Attorney Can Help
A workers’ compensation lawyer can be an invaluable asset when you’re faced with a workers’ comp insurance claim. Attorneys can:
- Evaluate the validity of claims: An attorney can assess whether a claim qualifies for workers’ compensation benefits and gather the necessary evidence to support the claim.
- Negotiate with insurance companies: Insurers often try to minimize payouts or deny claims altogether. A workers’ compensation lawyer can advocate on behalf of the injured employee to secure fair compensation.
- Ensure proper documentation: Legal representation ensures that all paperwork is filed correctly and within deadlines to avoid claim denials.
- Represent employees in disputes: If a claim is denied or disputed, an attorney can represent the employee in hearings and appeals to fight for their rights.
Employees with legal representation often fare much better in workers’ compensation claims than those without. This is particularly the case for employees who work from home, as these claims can be a bit more complex, requiring certain skills and resources.
Seeking Legal Guidance for a Work-From-Home Injury
If you sustain an injury while working from home, seek legal assistance as soon as you’re able. Workers’ compensation laws can be complex, and employers or insurers may attempt to minimize or deny claims. A skilled workers’ compensation attorney can ensure that you receive the benefits you are entitled to and protect your rights throughout the process.
For anyone working remotely, understanding these protections and seeking professional guidance when necessary can make all the difference in securing fair compensation and maintaining job security. It’s important to understand that just because you were working remotely doesn’t mean you don’t have rights as an employee. Call a trusted workers’ compensation lawyer today.
