Do Remote Workers Still Qualify for Workers’ Compensation?
What had initially been thought to be a temporary transition to remote work has been prolonged. Since many employees remain working from home, new employer liability issues have been raised. For example, to what extent is an employer responsible if an injury happens at home? Will your employer’s workers’ compensation insurance cover the injury? Or, do you have to rely on your private health insurance?
The answer depends. In some circumstances, an injury at home may be covered by an employer’s workers’ compensation insurance. However, it will depend on the particular circumstances of each case. The legal experts at Castillo & Associates offer a free legal consultation at 1-800-497-9774.
What is Workers’ Compensation?
Workers’ compensation covers employees who suffer work-related accidents. This not only includes injuries or accidents at home while working for your employer, but it includes Automobile Accidents in route to any Business Related location or meeting for the benefit of your employer. (Example: driving to Costco or Walmart to buy more pencils or notepads for your home office, your struck by another car that severely injures you. You will be covered by Workers’ Compensation and also be able to file a Personal Injury Claim against the other party)
It also helps employees who become sick due to job conditions. When employees are covered by workers’ compensation, their medical expenses, rehabilitation, and income benefits for on-the-job injuries or illnesses are paid. Workers’ compensation also disburses benefits to dependents if the employee dies due to a work-related injury or illness.
Workers’ compensation is an accident insurance program. It is a no-fault system. That means that benefits are awarded without the need to prove fault. Under the California’s Labor Code, an injured employee must show is that the injury “arose out of the employment and occurred during the course of employment.” Even if you or someone else’s actions contributed to the accident, you are still covered under your employer’s workers’ compensation insurance. However, most insurance adjusters and their legal staff for lo of for all available defenses and excuses to deny your claim for the workers compensation benefits.
Remote Work and Workers’ Compensation
Even though remote work-life has raised the question of whether remote workers still qualify for workers’ compensation, off-site injuries are not a new concept. Generally, employees are covered for work-related injuries that happen outside of the office.
There is no requirement that an injury happens at the job site. While there are many components to a claim, the primary focus will be whether the employee performed a job-related duty. Proving that an injury was work-related can become more complicated with remote work. An employer may argue that the injury could have occurred at home anyway, even when the person wasn’t working.
Below are questions to help determine if an injury was work-related.
- Did the injury happen during working hours?
- Did the employer benefit from the employee’s actions when the injury happened?
- Was the employee’s activity that led to the injury required by the employer?
- Was the off-site activity previously approved by the employer?
When an employee is physically working at the office and goes for a coffee or lunch break and an injury happens, that employee may still be covered under workers’ compensation. The logic is that such actions are customary and necessary.
However, when an employee is at home and takes these same actions, either walking to the bathroom, walking to grab coffee in the kitchen, or use the bathroom, the question of whether an employer was benefiting from an activity that led to injury is more fact-intensive. That’s because it can be argued that such activities happen when an employee is not working.
In California, it is understood that some actions that aren’t specific work duties, may still be within the course and scope of employment. For example, acts that are necessary for personal comfort, convenience, or welfare of the employee are considered to be within the course and scope of employment. So, if an employee gets a drink of water or goes to the bathroom, such actions are deemed necessary and customary to normal working conditions. Therefore, injuries that occur during these types of normal working conditions are compensable. Also, generally, salaried employee should be compensated during permissible lunch breaks. If an employee is injured during that break, it would also be compensable.
Injuries sustained during personal purpose activities are not within the course or scope of employment. However, whether an activity falls under “normal working condition” or was simply for personal purpose is very fact intensive. There is a long list of common acts that could be categorized in either category. For example, plugging in a cell phone to chair, grabbing a snack, or grabbing copy paper.
Classifying an injury that occurs at home as a work-related one will depend on the particular circumstances. While courts usually side with the injured employees in compensation disputes, it’s best to build a strong case for workers’ compensation from the beginning. Usually, that entails getting a detailed statement from the injured employee. Speaking with a knowledgeable workers’ compensation attorney can help you determine the best course of action.
Contact an Experienced Attorney
California’s workers’ compensation attorneys at Castillo & Associates are available to speak with you about your legal rights and potential options if you have been injured on the job, even if you were working from home. At Castillo & Associates, we have offices conveniently located throughout Southern California in Los Angeles County, Inland Empire, Coachella Valley, and the San Diego area of Mission Valley. To schedule a free consultation call 1-800-497-9774. We are Bilingual Attorneys and have over 33 years of combined experience in Workers Compensation Claims & Workers Compensation Law.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
