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Workers' comp coverage gaps with remote workers

Employers with remote workers in various states will have to consider the laws of each state where they have an employee.

By Prof. Robert Bloink and Prof. William H. Byrnes | November 29, 2022 at 09:59 AM
In the past, workers’ compensation was largely only relevant if the employee was injured in the workplace or while temporarily away from the workplace performing work-related duties. Remote workers, on the other hand, typically work from their home, so the risk is that they may sustain injuries while in their own homes. (Credit: Tarik) In the past, workers’ compensation was largely only relevant if the employee was injured in the workplace or while temporarily away from the workplace performing work-related duties. Remote workers, on the other hand, typically work from their homes, so the risk is that they may sustain injuries while in their own homes. (Credit: Tarik)

In this post-pandemic world, it’s become clear to most employers that work-from-home arrangements are here to stay. Most employees and employers have adjusted to this “new normal” in many respects — after all, we’ve now had over two years of practice and learned that many workers can be just as efficient in a remote work setting. Still, there are many issues that employers have yet to grapple with or address. Employees in the workplace are protected by both state and federal laws. One issue that many employers may not have yet considered is whether employees must be covered by workers’ compensation insurance if they are injured while working at home. For employers who permit employees to work remotely from other states, the answer may depend on the precise state law that applies to the employee’s physical work location.

 

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