The emergence of remote work as a mainstream employment model owes much to the COVID-19 pandemic, which forced businesses worldwide to rethink traditional office setups. As companies adapted to this new reality, many discovered their operations can thrive even with employees working from home. This shift has since seen employers embrace remote work options to attract talent while maintaining productivity.
However, this shift comes with concerns about the safety of the home environment and mental health issues. This brings the question of whether remote workers can file for workers’ compensation (WC) in case they get injured or ill. Well, this question finds its answer in whether or not workers’ compensation covers remote workers. Because if it does, then they can file, and vice versa. This article explores those issues in more depth.
Does Workers’ Comp Cover Remote Workers?
Workers’ compensation laws are intended to cover those injured on the job, but applying these rules to remote settings introduces some unique considerations. The core principle behind the WC remains that employers must ensure a safe work environment, whether an employee is on-site or at home.
It means that remote workers are eligible for coverage. However, like other on-site workers, remote workers have a legal duty to prove that the injury or illness stemmed directly from their job duties. It involves demonstrating that they were acting in their employer’s interest at the time of the incident.
Recently, courts have weighed in on this, ruling that an employer’s lack of control over a home workspace doesn’t automatically disqualify a claim. Even if a kitchen table doubles as a desk, workers can still seek compensation if the injury ties back to their employment. This evolving legal stance reflects a growing recognition of remote work’s permanence, so protections aren’t limited to traditional office settings.
What Are the Most Common Work-from-Home Injuries?
Home workspaces often lack the same oversight, unlike office environments with regulated safety standards. For example, take an employee tripping over a child’s toy left on the floor, a scenario unlikely in a corporate office but common at home. These differences give rise to unique injury risks for remote workers. In remote work settings, the two prevalent injuries include cumulative injuries and slips and falls.
Cumulative Injuries
Cumulative injuries, also known as repetitive stress, develop slowly over time due to repeated motions or prolonged exposure to poor working conditions. For remote workers, these injuries are particularly prevalent because home workspaces often lack the ergonomic setups found in traditional offices.
For example, if a remote worker is using a dining chair and a low table as a makeshift desk for weeks or months, the strain from awkward postures can manifest as chronic pain or debilitating conditions. While cumulative injuries build silently, they are hard to pinpoint but no less serious when it comes to workers’ compensation claims.
Activities that can lead to these injuries include typing, clicking a mouse, or sitting for extended periods, which can place ongoing stress on muscles, joints, or nerves. The challenge lies in proving these injuries are work-related, as their gradual onset can blur the line between personal and professional activities. However, a workers’ compensation attorney can prove that the injury stems from tasks performed in the course of employment, and it’s compensable under workers’ compensation laws. Common cumulative injuries include:
- Carpal Tunnel Syndrome: Repetitive wrist movements, like typing on a non-ergonomic keyboard, are the main cause of this injury. For remote workers, this condition can manifest as numbness, tingling, and painful hands and fingers.
- Tendonitis: Overuse of specific tendons, mostly in the wrists, elbows, or shoulders, results in inflammation and discomfort. It is commonly seen in workers who frequently use a mouse or write extensively.
- Lower Back Pain: Prolonged sitting in unsupportive chairs or improper postures can strain the spine, leading to chronic back issues that worsen over time.
- Neck Strain (Cervical Pain): Constantly looking down at a laptop screen or holding a phone between the ear and shoulder can cause stiffness and pain in the neck muscles.
- Rotator Cuff Injuries: Repetitive arm movements, such as reaching for items or lifting objects during work tasks, may gradually damage shoulder tendons, causing pain and limited mobility.
- Eye Strain (Digital Vision Syndrome): Staring at screens for long hours without breaks or proper lighting can lead to headaches, blurred vision, and discomfort, and it is increasingly recognized as a work-related issue.
Employers can help by providing ergonomic resources or guidelines. Recognizing the link between daily work habits and long-term health empowers remote workers to protect themselves and strengthens their case.
Slips, Trips, and Falls
Slips, trips, and falls are among the most common workplace injuries; remote work does not eliminate this risk. Home environments can sometimes present more hazards due to the absence of formal safety standards usually enforced in traditional workplaces.
If a remote worker suffers a slip or falls while performing job-related duties, they may be entitled to workers’ compensation—just as if the incident had occurred at the employer’s physical location.
Below are examples of work-related activities that, if they lead to a slip or fall, can potentially qualify for a workers’ comp claim:
- Retrieving files, documents, or equipment needed for work tasks from another part of the home.
- Getting up to join a video conference, particularly if the equipment is set up in a different space.
- Accessing a home printer or fax machine located away from the primary workstation.
- Bringing work materials from the front door, such as accepting packages or deliveries related to the job.
- Walking back to the desk after clocking in or starting time-tracking software.
In these scenarios, the key factor is whether the activity was reasonably related to the employee’s job responsibilities. For example, a slip while heading to grab a personal package may not be covered. A New Jersey workers’ compensation lawyer can help prove your work-related illness or injury so you don’t miss out on benefits.
How Should an Employer Handle a Work-from-Home Injury?
When a remote worker reports an injury, employers face a unique challenge that involves responding to incidents in a space they don’t control. Treating the employee’s home as a second job site is key. This mindset shift means employers should investigate claims promptly, just as they would for an on-site accident. They might ask for details about the incident, review work schedules, and even request photos of the home workspace to assess contributing factors.
Communication is key, as employers should guide workers on reporting procedures and document everything thoroughly. Offering support, like access to medical care or ergonomic resources, can also strengthen a claim’s legitimacy and show good faith. By treating the home as an extension of the workplace, employers uphold their duty to protect staff and consequently bridge the gap between traditional and remote settings.
Coming and Going Rule and Workers’ Comp
The coming and going rule seeks to exclude injuries that happen during a commute from workers’ compensation coverage, as they fall outside the scope of employment. For remote workers, this rule rarely applies since their “commute” might just be a walk from the bedroom to the living room.
However, if an injury happens while running a work-related errand, like driving to pick up office supplies, the remote worker can file for workers’ compensation. The key is whether the activity directly serves the employer’s interests.
This distinction offers remote workers broader injury protection than their office-based peers in some cases. Without a traditional commute, the line between personal and work time blurs. Working with a workers’ compensation lawyer to help prove your work-related injuries is advisable.
Personal Comfort Doctrine
The Personal Comfort Doctrine provides that employees who momentarily step away from their duties for personal comfort—for example, getting a drink of water or using the restroom—are still considered to be within the course of employment. For remote workers, this might cover a slip in the kitchen while refilling a coffee mug between Zoom calls. Courts often view such acts as incidental to employment, sustaining worker morale and productivity.
However, there’s a limit. If an employee deviates too far from work—like mowing the lawn mid-shift—the injury likely won’t qualify. The key is whether the activity was a minor, expected pause during the workday rather than a personal errand unrelated to work. This doctrine strikes a balance by recognizing human needs while keeping claims tied to job-related contexts.
Does Workers’ Comp Apply to Independent Contractors?
Independent contractors generally don’t qualify for workers’ compensation, as they’re not employees under traditional legal definitions. Unlike staff with set hours and direct supervision, contractors control their schedules and methods, placing them outside employer-provided benefits. For remote freelancers, this means an injury at home, such as a fall while working on a project, won’t trigger coverage unless they’re misclassified as contractors when they function as employees.
If you are in a gig or freelance role, this distinction can confuse you, especially in remote setups. To be sure of your status, review your contract or consult a legal professional who can clarify your rights. For true contractors, personal insurance often becomes the safety net instead.
How Can Remote Workers File for Workers’ Compensation?
Filing for workers’ compensation as a remote worker requires carefulness to ensure a successful claim. Since injuries at home can raise questions about their connection to work, remote employees must be diligent in documenting and reporting incidents. While the process may seem straightforward, some challenges can arise, especially when proving the injury occurred during work-related duties.
Here’s how remote workers can file for workers’ compensation:
Report the Injury Promptly
Inform your employer or the manager as soon as possible after the injury occurs. Provide a written report detailing what happened, including the date, time, and how it relates to your job. For example, specify those circumstances if you slipped while retrieving work files or developed wrist pain from typing.
Seek Medical Attention
Visit a doctor to evaluate and document your injury, even if it seems minor. Medical records serve as key evidence linking the injury to your work activities. Be sure to inform the healthcare provider that the injury is work-related so it’s noted in their report.
Complete the Claim Form
Your employer will give you a WC claim form, which is available through human resources or an insurance carrier. Fill it out accurately, describing the injury and how it occurred during your work-from-home duties. If cumulative injuries like carpal tunnel syndrome are involved, explain the repetitive tasks that led to the condition.
Submit the Claim
File the completed form with your employer or their workers’ compensation insurance provider, adhering to your state’s deadlines. For instance, in New Jersey, your claim needs to be submitted before the end of two years from the date of injury. However, the deadline for submitting claims may vary depending on the case’s unique facts, but a workers’ compensation lawyer can clarify things. Importantly, keep copies of everything you submit for your records.
Follow Up on the Claim
After submission, the insurer will evaluate your case and possibly request additional information or an investigation into your home workspace. It is vital to respond promptly to inquiries to avoid delays. If approved, you’ll receive benefits like medical coverage or wage replacement. If the WC claim is denied, you have the right to appeal.
The process can feel overwhelming, particularly when employers or insurers question the legitimacy of a remote injury. This is where a lawyer who focuses on workers’ compensation claims can be invaluable. An attorney can help gather evidence, such as work logs, photos of your home setup, or expert testimony, to build a winning case. They’ll also guide you through appeals if your claim is rejected to ensure your rights are protected.
Initiate Your Workers’ Compensation Claim Today
A winning workers’ compensation claim can be the avenue to recover lost wages, cover medical expenses, and regain peace of mind during a difficult time. While the process is designed to be straightforward, complications can arise that are unique to remote working arrangements. That’s why working closely with a workers’ compensation attorney is strongly recommended. Call your New Jersey personal injury lawyer today to book a consultation and understand how to protect your rights and secure the benefits you’re entitled to.