{"id":2264,"date":"2020-11-19T16:55:51","date_gmt":"2020-11-20T00:55:51","guid":{"rendered":"https:\/\/ascentblog.org\/?p=2264"},"modified":"2020-11-19T16:55:51","modified_gmt":"2020-11-20T00:55:51","slug":"managing-at-home-workers-compensation-cases","status":"publish","type":"post","link":"https:\/\/ascentblog.org\/managing-at-home-workers-compensation-cases\/","title":{"rendered":"Managing At-Home Workers\u2019 Compensation Cases"},"content":{"rendered":"

Workers\u2019 compensation claims have traditionally centered around claims in the office…but what happens when an injury occurs in a home office? HR professionals are increasingly having to contend with such claims as many workforces have shifted to remote models during the COVID-19 pandemic.<\/p>\n

When the Lines Between Work and Leisure are Blurred\"Man<\/a><\/h2>\n

Determining fault and legitimacy in worker\u2019s compensation claims can be tricky even under the best of circumstances. When an injury occurs remotely, navigating through the process may feel impossible. It\u2019s difficult to figure out whether a remote injury occurred during the course of work or after hours. Even if an accident occurs on the clock, it could still be the result of some type of nonwork activity\u2014perhaps the worker is letting their dog out, taking a walk around the block or cooking. Maybe they tripped over a computer cord. Even the clock itself doesn\u2019t always help; many employers have been more lenient with working hours, allowing employees to adjust their schedules to non-traditional times. As a result, an injury at 8 p.m. could still very well be work-related, while one that occurs at 2 p.m. might not be. Without witnesses, proving exactly when and where an injury happened is extremely difficult. But with the number of telecommuting workers\u2019 claims on the rise during the pandemic, this is a very real issue for many companies\u2014one that requires figuring out.<\/p>\n

One thing that could prove helpful: the types of accidents and injuries being reported often mirror those in the workplace. Claims usually revolve around tripping and falling, straining the back and carpal tunnel injuries, all of which will be familiar to those who have been dealing with workers\u2019 claims for any significant length of time.<\/p>\n

Your best defense is a proactive one: draft a telework contract in advance, spelling out the required job duties and location, expected work output and job hours, including start\/finish and break times. This, at least, will help narrow down fault.<\/p>\n

Other possible defenses that might be applicable include:<\/p>\n