Are Telecommuters Covered by Workers’ Compensation?

Over the past decade, the number of telecommuters and remote workers has increased all over the country. Those numbers kept rising during the pandemic, and many employers have discovered that it is more cost efficient to let their employees work from home permanently. Even our government agencies are getting in on the act: the Oklahoma Department of Human Services plans on closing about half of its locations and letting its employees work from home, since productivity rates were so high.

All of this is great news for workers and the State, which will save about $6 million – but what happens if one of those employees gets hurt? It’s one thing to trip over a broken paver at work and claim workers’ compensation; it is quite another to trip over a dog toy in your home and make the same claim.

Except, it turns out, it’s not. Telecommuters and remote workers are covered by workers’ compensation in Oklahoma if they are injured in the court of the job duties. The same is true if an illness arises out of their job duties.

However, remote workers may have a harder time with claims than on-site workers, so seeking legal counsel may help you be more successful.

Are there times when remote workers won’t be covered?

There are, and they are likely the same things that can lead to a denial of a claim for on-site workers:

• Purposely self-inflicted injuries
• Injuries arising from being drunk, drugged, or otherwise incapacitated
• Injuries that occurred outside of working hours, or of the scope of your employment
• Classification as a contractor

Challenging workers’ compensation claims from telecommuters

Of all of these reasons, the “scope of employment” might present the most challenges. Your employer could take a very literal definition of what your employment “services” are, and attempt to challenge the claim based on what, specifically, you were doing at the time. Other employers – especially ones who do not require specific log-in times or performance tracking – may try to claim that your injury occurred off-hours.

Other employers may argue that, because you are working from home, they are excused from instituting a “safe” workplace; after all, if you slip on a wet floor that you just mopped, are they really responsible for those claims?

The answer, though, is still “yes.” Just because you work from home doesn’t mean that your employers aren’t liable if they can’t keep you safe – especially if they require that you have a designated workspace in your home. Some if the tools and equipment they may be required to supply include:

• Appropriate desks, chairs, and lighting
• Working computers and accessories
• Storage capabilities (either for the work area or outside) to help eliminate the risk of trips, slips, and falls

Workers’ compensation is a no-fault system, and you have the right to claim benefits if you are hurt while working. But that doesn’t mean it will be easy, so you should talk to an Oklahoma City workers’ compensation lawyer before you file your claim.

Common remote worker claims

Certain work injuries are just as likely to happen at home as they are on the job site. Those injuries can include:

• Bending and lifting injuries
• Repetitive stress injuries, like carpal tunnel or tennis elbow
• Eye strain, leading to blurry vision and/or headaches
• Trips and falls
• Car crashes (if applicable)

If you are hurt on the job – even if that job is being done from your home office or kitchen table – you have options for collecting compensation. To learn more about them, contact Cunningham & Mears in Oklahoma City today. If we can’t help you, we’ll make sure to recommend an attorney who can. Contact us or call 405-232-1212 today for a free initial consultation.