2 minute read
Commentary from Counsel - Insured from Home: Workers' Compensation Liability for a Remote Workforce
In addition to all of the other complications created by what has been a very complicated year, it’s likely that both you and your business clients have encountered the difficulties of coordinating a remote workforce at some point in 2020. From trouble with Zoom calls to remote notarizations, the problems associated with working from home can be frustrating. Unfortunately, with Covid cases on the rise, many workforces may again make the transition back to remote work environments. Many may have never transitioned back to the office at all. One issue that should not be forgotten as both your agencies and your clients prepare for a winter working from home is the possibility of workers’ compensation liability even when an employee is off company property. While ensuring employee safety from afar may seem impossible, there are steps that can be taken to reduce the risk.
Remote Workers’ Compensation Liability
Worker’s compensation laws vary by state, but under most state laws, including Wisconsin’s, employers are liable for employee injuries that arise both out of and during the course of employment. According to Wisconsin’s Department of Workforce Development, this liability extends to “[a]n injury occurring away from the company premises, but while the employee is still performing service for the employer and under the employer’s direction and control.” Moreover, an employee whose job requires travel is covered at all times during a business trip. While air travel and hotel stays may have seen a significant recent drop, many companies have likely seen their employees driving more for work. Importantly, traffic accidents occurring while on company time are compensable under Wisconsin’s workers’ compensation laws. All of this combines to mean that workers’ compensation liability can extend far beyond the brick and mortar.
Now What?
The prospect of ensuring a safe work environment for athome workers can seem daunting for employers, but it can also get lost in the shuffle of the logistical issues currently facing businesses around the world. Reaching out to your clients with a list of best practices for protecting at-home employees will not only generate goodwill, it may also reduce the prospect of future liability. Specifically, here are some recommended practices when engaging a remote workforce:
• Require express written authorization before an employee can work remotely
• Update and maintain accurate employee job descriptions and expectations, and confirm that employees understand the specific responsibilities of their positions when working from home
• Require employees to specifically define their home office space and provide employees with information and training about safe workstation set-ups, consistent with your in-office practices
• Create and maintain a safety checklist for home offices to ensure employees’ offices are free from any recognized hazards
• Remind employees, in writing, of their obligation to promptly report all work injuries consistent with your worker’s compensation and safety policies, even if they occur at the remote worksite
• Remind employees, in writing, of who should receive any reports of injuries that occur in their home office environment
• Require both non-exempt and exempt employees to record and maintain a detailed record of actual time worked, including a detailed record of meal breaks and other personal breaks during the workday.
While a remote workforce can create innumerable complications, it is still important to ensure that employee safety does not get lost in the shuffle. Continue to follow updates from the IIAW and this column for more suggestions on how to best protect your agencies and serve your clients.
