Claims - December 2015

RISK MANAGEMENT

By James W. Gow, Jr.

For employers, there are significant benefits to embracing the “ work-from-anywhere” culture.

Allowing employees to work from
home helps to:
•;Attract;talent;from;a;wider
geographic area
•;Boost;worker;retention
•;Lower;fixed;costs
•;Increase;worker;productivity
Telecommuting can also present
unique challenges, including one that
most;employers;don’t;typically;consider:
the need for Workers’ Compensation
insurance to cover employees working
from;home;or;other;venues;not;control-
lable by the business.

While;some;might;not;consider;tele-
commuters;to;be;a;significant;Workers’
Compensation risk, the reality is that
many employers are acting
on blind faith about their
employees’ work set-ups,
particularly home offices.
They;could;also;be;under-
estimating;their;exposure.
There are numerous sce-
narios in which employ-
ers could be found liable
for injuries that occur in
or near a home office. For
instance, if a diligent em-
ployee;wakes;in;the;middle
of the night, checks email
on her smartphone while
walking down a flight of
steps;and;falls,;would;that
be;considered;a;work-relat-
ed injury? If an employee
leaves his briefcase in his
car,;trips;over;his;dog;and
breaks his leg while return-
ing to the garage, can there
be a claim against the em-
ployer?;Is;the;employer;li-
able;if;an;employee;devel-
ops;deep;vein;thrombosis;from;sitting;at
his;desk;for;hours;on;end;and;dies;during
work;hours;because;of;a;blood;clot?

While;the;ultimate;coverage;varies;by state, scenarios like those listed above have;been;ruled;compensable.;However, states define a Worker’s Compensation claim by saying the injury “must arise out;of;and;occur;within;the;course;of;em-ployment.” The phrase within the course of employment can refer to the time, place and;circumstances;of;the;injury.;If;some-one’s;working;from;home,;they;could;the-oretically;claim;that;any;injury;suffered;in their;home;is;work-related.

Even;so,;certain;scenarios;are;not;likely
to;be;considered;compensable:
• An employee leaves the home office
and;is;injured;during;a;non-work-re-
lated;errand.