Many employers now allow remote work, reshaping traditional work environments. As a result, the complexities surrounding Workers’ Compensation claims for work-from-home injuries have increased. Some critical factors can influence work-from-home injury claims and may tip the scales for or against you.
The Armstrong Law Firm, PLC, understands the complexities of Workers’ Compensation claims and remote work. Our dedicated Tulsa Workers’ Compensation Attorneys bring decades of experience to every claim and offer personalized attention to each client. Our skilled attorneys review some critical factors for Workers’ Compensation work-from-home injury claims in Oklahoma.
Embracing Remote Work
Are American companies truly embracing remote work? The numbers seem to indicate they are:
- Freelancing platform Upwork estimates that 22% of the workforce (36.2 million) will work remotely by the end of 2025.
- Approximately 16% of companies worldwide operate entirely remotely.
- In the United States, over 4.7 million individuals work remotely for at least half of their work hours.
Top Factors for Workers’ Compensation Work-from-Home Injury Claims
Several factors unique to remote work can heavily affect whether Oklahoma Workers’ Compensation approves your work-from-home injury claim.
Employer Instructions: Setting Clear Expectations
For remote workers, clear-cut employer instructions are fundamental. Employers should provide comprehensive guidelines defining the work scope conducted from home. These guidelines should outline expected work hours, the tasks employees are expected to perform, and the necessary equipment.
In Oklahoma, the burden of proof lies with the employee to demonstrate that their injury is connected to their work duties. If an employer has not provided clear guidelines or has neglected to keep track of work hours and expectations, it may make it challenging to deny a claim that arises from an injury sustained while working remotely.
Regular Work Hours at Home: Establishing Boundaries
Another critical factor is the establishment of regular work hours. When telecommuting, employees should adhere to a set routine similar to what they would maintain in a conventional workplace. Consistent work hours help establish a clear connection between work-related activities and the injury.
The Oklahoma Workers’ Compensation Commission also considers the work hours applicable to remote positions. If an employee is injured during designated work hours, the injury is more likely to be deemed compensable. However, injuries occurring outside of these hours may complicate the case.
Work Equipment: Employer Responsibilities
Work equipment is a significant consideration in work-from-home injury claims. Employers are responsible for providing the necessary tools and equipment to enable employees to perform their jobs effectively. This includes computers, ergonomic furniture, and other office supplies. If an injury occurs due to faulty or inappropriate equipment provided by the employer, it strengthens the employee’s claim for Workers’ Compensation. It may be harder to establish the employer’s liability in cases where employees have purchased their equipment or used personal devices for work.
Deviations from Work Routine: Potential Pitfalls
Deviations from established work routines can complicate Workers’ Compensation claims. For example, if an employee takes an unscheduled break or handles non-work-related errands during productivity hours, any injury incurred during these times may not be eligible for compensation.
Employees should document their routines, adhere to prescribed break times, and ensure that work activities remain consistent with their roles. For those experiencing injuries, clarity surrounding these deviations can help solidify their claims or undermine them significantly.
Oklahoma Workers’ Compensation Law
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 2017, the Oklahoma Supreme Court clarified the definition of “employment services,” establishing that remote workers are eligible for Workers’ Compensation benefits if they sustain an injury while working from home. However, the remote worker is responsible for proving the injury and its circumstances.
Contact Your Advocate in Work-from-Home Workers’ Compensation Claims
At the Armstrong Law Firm, PLC, we understand the complexities surrounding Workers’ Compensation claims in the context of remote work. Founded in 1983, we have dedicated ourselves to providing personalized attention to our clients in Tulsa and Northeast Oklahoma. Our experienced lawyers possess a wealth of knowledge in Oklahoma law, representing the common worker—not the insurance companies.
If you are facing difficulties with a Workers’ Compensation claim or have questions about your rights as a remote employee, contact the Armstrong Law Firm today. We treat every client like a family member and are committed to ensuring your case is handled efficiently and effectively throughout every stage of the process.