Can You Be Sued If an Employee Injures Themselves Working Remotely?

In the post-COVID era, remote working is the new normal. However, with this change comes significant legal questions, like what happens if an employee gets injured while working at home?

As an employer, you might think you’re only responsible for workers on-site at your business premises. However, depending on the circumstances, your company could still be liable for an injury suffered by an employee at home. Here’s what you need to know about workers’ compensation, when businesses can be sued, and how to protect yourself from legal risk.

Does Workers’ Compensation Cover Remote Employees?

The simple answer is yes, but only if the accident or injury happens “within the scope of employment”. Workers’ compensation laws generally cover employees regardless of where they work; at home, in the office, in a retail space, or elsewhere. The laws are less concerned with the environment and more with activity. The key question is whether the injury happened while the worker was performing job-related duties. Some examples of instances where an injury would be covered include:

• A worker developing carpal tunnel syndrome from excessive typing.
• They trip over a company-provided laptop charging cable (during work hours).

On the other hand, these cases would not be covered by workers’ compensation:

• An employee burns themselves while cooking lunch on their break.
• They slip on wet bathroom tiles outside of working hours.

Naturally, this leaves room for some gray areas, which is why it’s important to have clear policies in place to help prevent disputes. Consulting legal experts like Avazian & Avazian can help you understand your rights and responsibilities.

When Are You Liable As an Employer?

As an employer and business owner, you may be responsible for your employee’s injury if it happens while they’re actively working. If you require employees to work remotely but fail to provide a safe work environment, the onus may also fall on you. Finally, if the injury is linked to workplace expectations (like long hours) you could be legally culpable.

For example, let’s say one of your employees develops back strain from an inadequate chair and poorly set up workstation. If you have failed to provide ergonomic guidance, your company may be liable. However, if that employee gets the same injury but has ignored safety guidelines set out by your company (or it happens outside of work tasks) then your business is not responsible.

How to Reduce Risk

To prevent claims, the best thing you can do as a leader is to be proactive:

• Set clear work-from-home policies, outlining work hours, responsibilities, and safety expectations.
• Provide training on safe working practices, like how to use proper office chairs and correctly set up desk height and monitor position.
• Have a formal reporting process to track incidents and avoid disputes.
• Review your insurance policy to check it covers remote employees, and consult legal professionals for an extra layer of protection.

Endnote

Just because an employee isn’t working at your physical location, doesn’t mean they’re not covered by workers’ compensation. Your company may still be responsible for their wellbeing, under certain conditions. Make sure you set clear policies, educate your employees, and consult with legal experts to protect both your workers and your business from risk.