As remote work continues to gain traction, understanding the implications of Workers’ Compensation for employees who work from home has become increasingly important. Craig Armstrong has been a Workers’ Compensation Attorney for 42 years and is well-versed in the complexities of Workers’ Compensation coverage for work-from-home injuries. He reviews the common injuries incurred while working from home and what you need for a Workers’ Compensation claim.
The Rise of Work-from-Home Arrangements
The trend toward work-from-home arrangements was already in progress before the COVID-19 pandemic, but global turbulence spurred it on. Many companies adopted remote work policies, leading to a significant increase in employees working from home. Workforce and economic experts agree that the trend to unplug work from location continues, and with it, an increased need to think holistically and strategically about total workforce design.
Here are some revealing statistics:
- Freelancing platform Upwork estimates that 22% of the workforce (36.2 Million Americans) will work remotely by 2025.
- 10,000 employees surveyed by the Becker Friedman Institute for Economics at the University of Chicago said they thought they were just as productive working from home as working in the office.
- 30% of those respondents told researchers they were more productive and engaged working from home.
- More than 4.7 million people work remotely in the United States at least half the time.
- According to an Owl Labs study, 16% of companies globally are fully remote. The same survey found that about 62% of workers aged 22 to 65 claim to work remotely at least occasionally.
- This study also found that 44% of companies do not allow remote work of any kind.
While working from home offers flexibility and convenience, it also introduces new risks and challenges regarding workplace injuries and Workers’ Compensation claims.
Types of Work-from-Home Injuries
Most Oklahoma employers must carry Workers’ Compensation insurance to protect their employees from workplace-related injuries. However, the “workplace” concept expands when employees work from home. When employees are working from home, a variety of injuries can occur that may be covered by workers’ compensation:
- Musculoskeletal Injuries: Poor ergonomics can lead to conditions such as carpal tunnel syndrome, tendonitis, back pain, and neck strain. Prolonged periods of sitting at a makeshift workstation can exacerbate these issues.
- Slip and Fall Injuries: Just like in a traditional office, employees can slip, trip, or fall in their home workspace. Injuries can occur while moving from one area of the home to another, especially when carrying equipment or supplies.
- Electrical Injuries: Employees may be at risk of electrical shocks or fires if safety precautions are not observed when using various electronic devices at home.
- Mental Health Issues: Remote work can also contribute to mental health challenges, including anxiety and depression. If these issues stem from a physical work-related injury, employees may explore if they’re eligible for compensation.
Proving a Work-from-Home Injury Claim
Employees must demonstrate that the injury occurred while performing work-related tasks to file a Workers’ Compensation claim for home-based injuries successfully. Key elements involved in proving a claim include:
- Documenting the Incident: Employees should keep a detailed record of the incident, including time, date, description of the activities undertaken at the time, and any witnesses, if applicable.
- Medical Evidence: Consultation with a healthcare provider for documentation of work-related injuries and conditions is crucial for substantiating claims.
- Connection to Employment: Employees must establish that the injury is directly linked to their work duties. This often requires an analysis of the tasks they were performing as part of their job.
As the work landscape evolves, understanding the nuances of Workers’ Compensation for remote employees in Oklahoma is essential. Employees must be proactive in creating safe work environments at home to minimize risks and injuries. If an injury does occur, knowing how to document and file a claim properly can significantly impact the outcome.
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.
Get Help with Oklahoma Workers’ Compensation Benefits for Work-at-Home Injuries
To strengthen your claim for work-at-home injuries, it’s essential to thoroughly document the injury, detailing how it occurred, the specific actions you were taking at the time, and any other pertinent information. For individuals navigating this process, consulting with an experienced Workers’ Compensation attorney from Armstrong Law Firm, P.L.C. can be beneficial. We offer free consultations to review your case and advise on the next steps. Reach out by phone at (918) 582-2500 or fill out the form on our contact page.