Mitigating the Compensability of Work-From-Home Injuries
Mitigating the Compensability of Work-From-Home Injuries
Due to the COVID-19 pandemic, many private employers transitioned to remote work options. Although some businesses have brought employees back to the office, or created a post-Covid hybrid work arrangement, the vast number of private employees whose work is primarily performed on a computer continue to work from home. The majority of remote workers utilize video calling, online conferencing software, and instant messaging platforms to perform their jobs outside of the business’s physical office. These jobs present unique risks and challenges for Defendants when investigating the facts surrounding alleged work from home injuries. It is crucial that Defendants take steps to mitigate the risks associated with work from home injuries, including investigating the claims as quickly and thoroughly as possible.
Injuries involving remote employees must meet the same standard of proof as other claims to establish a compensable injury by accident. Indeed, for a work from home injury, other than a neck or back injury, the employee must prove (1) an accident, which is an interruption of an employee’s normal work routine; that (2) arose out of and (3) in the course and scope of their employment. Defendants must develop sufficient evidence to refute the employee’s assertions regarding these elements.
Employers need to conduct a thorough investigation of any work from home injury as quickly and thoroughly as possible – just like they would an injury occurring in the workplace. Defendants, however, face several hurdles in this situation – they have less, (if any), control over the physical space where the injury occurred; limited ability to objectively verify the veracity of the allegations including whether the employee was actually engaged in his/her work at the time of injury. Defendants have to persevere. Defendants should conduct recorded statements and investigations of a reported injury at home immediately after the injury is reported to gather as much information as possible.
The investigation itself has to be adjusted slightly for remote work injuries. Defendants need to determine whether the employee had a normal work schedule and if so, whether there is evidence demonstrating the employee was clocked in during that normal schedule when the alleged injury occurred. Furthermore, Defendants should explore whether the employee had any personal obligations while working from home, i.e., was the employee taking care of a child or pet while working remotely? If Defendants can prove that the employee was engaged in personal obligations at the time of the injury, Defendants may have grounds to deny the claim on the basis that the injury occurred during a deviation from the employee’s course of employment. Another focus of analysis is whether the employee has a dedicated workspace at their remote location and is injured outside of that workspace. Defendants should also investigate whether the specific activity is causally connected to his/her employment. Although investigations, including recorded statements, are important in every workers’ compensation claim, they are particularly crucial in injuries involving remote workers.
Employers can also mitigate the risk of work from home injuries by having specific work from home policies in place. Employers should have specific work schedules for remote employees and an established system for clocking in and out. Employers should update job descriptions for their remote workers to specify terms of employment related to working from home. Additional recommendations include ensuring that the employee has a designated workspace at home and is subject to safety protocols and inspections. If you have any questions or would like to further discuss the ways in which you can mitigate the risk associated with work from home injuries, please reach out to a member of our Workers’ Compensation and/or Employment Law teams.