Employers who are operating their business through telecommuting. Interesting information shared with me by Stephen Trimboli, Esq. from Trimboli & Prusinowski, LLC.

Teleworking became a necessity during the lock downs declared in response to the worldwide pandemic. It proved remarkably popular, giving many employers an incentive to consider making teleworking a permanent feature. But teleworking raises unique legal issues. Among them: workers’ compensation liability.

WC liability arises when employees are injured or become ill in circumstances arising out of employment and in the course of employment. Location – even the employee’s home – is irrelevant if these conditions are met. With teleworking, a home mishap can easily become a WC claim.

Employers considering teleworking need to draft policies and develop controls designed to limit the possibility of WC claims. Examples include: requiring employees to designate specific work locations in the home and allowing employer inspection to assure that it is safe; requiring all work to performed only in that designated location; specifying permissible days and hours in which work can be performed; and, prohibiting known hazards such as electric cords posing trip hazards.