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Investigating Workers' Compensation Claims for Remote Workers Investigating Workers' Compensation Claims for Remote Workers

Investigating Workers' Compensation Claims for Remote Workers

Many employers are allowing employees to work remotely indefinitely and/or implementing a hybrid work schedule. When investigating an alleged remote work injury, the employer should evaluate it like any other claim. Obtain a detailed written statement from the employee that explains what the employee was doing at the time of the injury, and when and where it happened. Have the employee take photos of the injury and the injury site when possible. Determine if the injury occurred in the course and scope of employment. For example, was the employee on the clock and/or performing job-related duties at the time of the alleged injury or did it occur outside of normal working hours? The alleged injury must also arise out of their employment. In other words, did the activity performed at the time of the injury provide some benefit to the employer? Requiring employees to create a dedicated work area at home and establish clear working hours and break times will help to reduce potential liability for accidents occurring any time of the day or night. Employers can also install task monitoring software to record the employee’s computer activities, which can help to identify when the computer was being used or when it was idle. These cases can be complicated and are usually very fact-specific. Employers should work with their TPA and/or defense counsel to determine if a remote work injury is compensable.  

For more information about claims for remote workers, contact Jennifer McDaniel or the Workers' Compensation lawyer with whom you most frequently work. 

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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