Remote work is reshaping the modern workplace, so it is essential for employees to understand their rights under Workers’ Compensation, particularly regarding work-from-home injuries. In Oklahoma, the determination of whether an injury is compensable—that is, covered by Workers’ Compensation—centers on whether it occurred during the “course and scope of employment.” Craig Armstrong, a Workers’ Compensation Attorney with over four decades of experience, can explain the complexities of Workers’ Compensation coverage for work-from-home injuries.
What Defines the “Course and Scope of Employment” for a Remote Worker?
Oklahoma Workers’ Compensation law [85A OK Stat § 2.13 (2024)] states:
“‘Course and scope of employment’ means an activity of any kind or character for which the employee was hired and that relates to and derives from the work, business, trade or profession of an employer, and is performed by an employee in the furtherance of the affairs or business of an employer. The term includes activities conducted on the premises of an employer or at other locations designated by an employer and travel by an employee in furtherance of the affairs of an employer that is specifically directed by the employer.”
In Oklahoma, for an injury to be compensable under Workers’ Compensation, the employee must demonstrate that the injury occurred while performing work duties.
- Time and Place: Did the injury occur during the time the employee was engaged in work-related activities? If an employee is injured while participating in personal activities or during breaks, it may be challenging to prove that the injury falls within the scope of employment.
- Nature of the Activity: Was the task being performed related to the employee’s job responsibilities? For instance, if an employee sustains an injury while conducting a work-related video conference, this may qualify as an injury arising from the course and scope of employment. However, if the injury occurs while the employee is performing household chores unrelated to their work, it is likely not compensable.
- Location: The specific area where the injury occurred plays a crucial role. Injuries that happen in a designated work area or while using work tools are more likely to be considered within the scope of employment. In contrast, injuries occurring in areas unrelated to work tasks pose a challenge for claims.
What Are Common Injuries Work-from-Home Employees Face?
Employees working from home offices have sustained several common injuries that may be claimed under Workers’ Compensation:
- Musculoskeletal Injuries: Prolonged periods of sitting or improper workstation ergonomics can lead to conditions such as back pain, carpal tunnel syndrome, and neck strain.
- Slips, Trips, and Falls: Employees can experience falls in their home environment, especially in spaces where work materials are present, such as home offices cluttered with cables or files.
- Mental Health Issues: Isolation and lack of structure in a home environment can lead to stress, anxiety, or other mental health challenges. According to 85A OK Stat § 13 (2024), Oklahoma Workers’ Compensation also covers psychological conditions, including stress, anxiety, and depression, if they can be linked to job-related physical injuries.
What Do You Need for a Workers’ Compensation Claim?
To successfully file a claim for a work-from-home injury in Oklahoma, employees should take the following steps:
- Document the Incident: Clearly outline the details surrounding the injury, including the time, location, and nature of the work being performed at the time the injury occurred.
- Gather Evidence: Collect any relevant evidence that can support your claim, such as photographs of your workspace, medical records, and witness statements, if applicable.
- Notify Your Employer: Report the injury to your employer as soon as possible, following company protocol. This often involves completing an incident report.
- Consult a Tulsa Workers’ Compensation Attorney: Given the complexities surrounding remote work injuries, seeking legal advice from an experienced Workers’ Compensation attorney can help navigate potential hurdles. An attorney can assist in ensuring that your claim is filed correctly and on time.
Get Help Filing an Oklahoma Workers’ Compensation Claim for Work-From-Home Injuries
The modern work landscape has evolved to include working from home, making it essential to understand Workers’ Compensation policies related to remote work. Employees should be proactive in recognizing the compensability of their injuries and prepared to provide the necessary documentation and evidence to support their claims. With the guidance of experienced attorneys like Craig Armstrong, workers can maneuver through these complexities and ensure that their rights are protected in the realm of remote employment injuries. Contact our Tulsa, OK, office to learn more.