Remote Work and Workers’ Compensation

The past year and a half saw thousands of Delaware workers move from the office to telecommuting and remote work. Are you still eligible for workers’ compensation if you are injured while working from home? The attorneys at Silverman, McDonald & Friedman have answers. Contact us in Wilmington, Newark, or Seaford for a consultation.

The COVID-19 pandemic forever changed the way we live and work. Due to public safety concerns, much of the workforce transitioned to remote work and, even as the world slowly returns to a new normal, many employees remain at their home offices. Now, many people wonder if workers’ compensation is still in effect when a worker suffers an injury at home.

Although we have discussed this subject before, it is worth looking at again in the new light of the pandemic.

A 2020 study from Upwork estimates that by 2025, 36.2 million Americans will be working remotely, as throughout the pandemic employers noted the benefits of a distributed and remote workforce. According to Upwork, “70 percent of hiring managers cite reduction of non-essential meetings, 60 percent cite increased schedule flexibility, and 54 percent cite no commute as aspects of remote work that have worked better than expected.”

Does workers’ compensation cover work from home?

The honest answer is “mostly.” Per the Delaware Department of Labor, workers’ compensation “provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment.”

The key phrase here is “while working.”

The injured employee may have the burden of proof of demonstrating their injury occurred during the course of work and not off the clock, which can be difficult when there are no witnesses to the incident. An employer may argue an injured worker was not performing their job at the time they suffered an accident. However, in the 2008 case Munson v. Wilmar/Interline Brands and St. Paul Travelers, the court ruled on the side of the employee.

Munson was a remote worker for Wilmar/Interline Brands with office space in his home, required as a condition of his employment. During a short break to get coffee in his kitchen, Munson fell down the stairs and fractured his back. After filing for workers’ compensation, his employer and their insurance company appealed, arguing that Munson was out of the scope of his employment during said coffee break.

However, the court ultimately agreed with Munson, stating:

By requiring the employee to maintain a home office as a condition of his employment, the employer, we conclude, extended the employment premises to the employee’s home and assumed some risks associated with those premises…The employee was at a place where his duties required him to be, and he was performing, at the time of his comfort break, a task that his employer required him to perform.  He did not leave the course of his employment when he went to the kitchen for a cup of coffee any more than an employee on non-home premises leaves his employment when he does so.

In other words, when an employee works at home, their employer is responsible for any injuries or accidents that happen while the worker is on the job – just as they would be if the employee was on-site.

Common work-from-home injuries

Remote workers are at greater risk at home for injuries like Mr. Munson’s, like falling down the stairs, rather than other types of work injuries, like heavy machinery accidents. Telecommuters can experience work injuries and conditions including:

• Repetitive stress injuries. Also called work-related musculoskeletal disorders (WMSDs), examples include carpal tunnel syndrome, back and neck problems, bursitis, and tendonitis. Talk to your employer about ergonomically-friendly equipment for your home office.
• Slips, trips, and falls. An employee can trip, fall, or slip anywhere – whether at the office or at home. Computer and electrical cords or even your child’s toys can cause a serious accident. Ensure your work area is free of clutter, well-lit, and that your stairs and handrails are secure and safe.
• Eye strain. Many remote workers sit in front of a computer for hours at a time without taking a break. Especially with laptops or tablets, this can lead to eye strain, fatigue, blurry vision, and headaches.

The New York Times also reports that, according to a survey from the American Chiropractic Association, “92 percent of chiropractors (out of 213 respondents) said that patients report more neck pain, back pain or other musculoskeletal issues since the stay-at-home guidance began.” Experts tell the NYT if you are a remote worker to ensure you take time to get up and move around, as well as placing your computer monitor at eye level to avoid hunching over.

If you do suffer an injury on the job – whether working at home, on a job site, or in the office – consult with an experienced workers’ compensation attorney. At Silverman, McDonald & Friedman, we can advise you of your rights under Delaware law and ensure your claim is filed correctly and on time. And, if your claim is wrongly denied, we will help you appeal. We are happy to answer any of your questions today. Call us at 302-888-2900 or fill out our contact form to make an appointment at one of our offices in Wilmington, Seaford, or Newark.