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.
•;An;employee;takes;a;break;from;work
Do You Need Workers’ Comp
for Telecommuting Employees?
It’s;no;secret;that;the;workplace;is;changing.;Today’s;technology enables;employees;to;work;from;anywhere;in;the;world,;while simultaneously;staying;connected;24/7.;For;telecommuting
employees,;this;presents;unprecedented;freedom;in;choosing;where
to;work,;and;a;significant;portion;are;taking;advantage;of;this;perk.
A 2015 Gallup poll shows that 37 percent of American workers
telecommute at least occasionally.