Risk & Business Magazine Nesbit Agencies Winter 2020 | Page 13

WORKERS ' COMPENSATION

Workers ’ Compensation And Working From Home

In light of current circumstances , millions of people across the globe are now working from home . For employers , this raises a very important question : What happens when employees working from home suffer an injury ?

Any injury that “ arises out of and in the course of employment ,” regardless of whether the employee is at the office or at home , is covered under workers ’ compensation . If what the employee was doing at the time of the injury was related to work during designated working hours , then the injury is likely compensable .
Workers ’ compensation coverage takes into consideration that an injury may occur suddenly or develop over time . In either case , the employee must prove that the injury was related to work . As telecommuters often work alone in their home , it is sometimes difficult to verify what happened and why . Having clear expectations in place and performing regular check-ins can help provide some clarity in these instances .
As an employer working in the remote environment , you have significantly less control over the conditions of your employees ’ home-based workspaces . However , it still falls on your shoulders to ensure that home offices are safe work environments . There are a few ways that you can approach this .
First , design a remote working policy that explains in depth your expectations for telecommuters . Review it with your team and have them sign an acknowledgment of the conditions before they begin working from their home office space .
Fixed work , meal , and rest hours should remain in place . Although it is tempting to let your team have more relaxed hours in the remote workspace , restrictions will keep the scope of employment limited and work in your favor should a claim arise .
Prior to moving into the work-fromhome environment ,
BE SURE THAT YOU ’ VE CLEARLY DEFINED EACH EMPLOYEE ’ S SCOPE OF WORK .
A concise job description will be helpful should you need to assess whether or not an injury fits the definition of “ workrelated ” for compensation purposes .
Activities that fall outside of the employee ’ s job description , although inconvenient , are not your responsibility as an employer .
Be sure to make yourself aware of risk factors — such as stairs — surrounding the workspace and have procedures in place to keep the environment as safe as possible during working hours . Outline the equipment that is required for use in the home office in the employee ’ s job description to prevent unnecessary injuries .
You may also consider providing training for your team on workstation setup , safety measures , and proper ergonomics ( to prevent long-term injuries , such as carpal tunnel syndrome ).
If you have employees working outside of your state of operation , be advised that most states require employers to obtain workers ’ compensation insurance in the state where services are being performed by the employee . Failure to comply creates potential for liability and penalties .
Because state laws differ regarding what ’ s considered a “ work-related injury ,” it ’ s important to define each employee ’ s normal working hours and specific job duties to help determine what is and is not a work-related claim . A Nesbit Insurance agent can help guide you through a basic assessment if you are unsure and provide you with some helpful tips for compliance . +
Wayne Nesbit is a Vice President at Nesbit Agencies and works with a wide variety of clients on their insurance programs , including assisted living facilities , property management companies , and restaurants . He can be reached at wnesbit @ nesbitagencies . com or 952-746-4312
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