“Remote work” shows no signs of slowing down even after we (hopefully) get a COVID-19 vaccine. Indeed, many businesses have already allowed their employees to work at home indefinitely. As more employees move out of traditional offices, many people are understandably confused about the future of workers’ compensation. Can at-home employees still file workers’ comp cases? Will workers’ comp become invalid in the post-coronavirus era?
Although there are still many questions surrounding workers’ compensation for at-home employees, we’ll do our best to explain this issue below. In addition to exploring workers’ comp cases for at-home employees, this article will also take a closer look at the legality of COVID-19 compensation cases.
Can Home Employees File Workers’ Comp Claims?
Even though employees aren’t in their traditional office settings, that doesn’t mean they can’t legally file a workers’ compensation claim. According to the Society for Human Resource Management, as long as the employee could adequately link their injury to their job, the workers’ comp claim is valid.
Although a company’s employees may be working from home, employers must take the safety of their staff into account. For this reason, many businesses are developing at-home safety guidelines to minimize the risk of injuries. These could include routine safety inspections, tips for improving posture, and exercises for common issues like carpal tunnel syndrome.
Please keep in mind that every state has different requirements regarding workers’ compensation. There are also differences in what industries are required to provide workers’ compensation protection across the USA. To find out how these laws will impact your business, you must research your state’s current standards.
Can Freelance Workers File Workers’ Comp Claims?
In recent years, there has been a significant jump in the number of people who work for the “gig economy.” Unlike traditional employees, freelancers don’t have set shifts, salaries, or benefits. Instead, these “independent contractors” usually set agreements with their employers on due dates and payments.
As you might’ve already guessed, freelancers don’t enjoy the same protections as full-time employees. For instance, the majority of independent contractors cannot apply for workers’ compensation. Gig employees also usually can’t receive unemployment benefits.
As independent contractors become more prevalent in the workforce, there might be enhanced protections down the line. Today, however, it’s safe to assume that independent contractors don’t have the right to file a workers’ compensation claim.
What’s the Legality of COVID-19 Claims?
Another question many people have today is whether they could file a workers’ comp case after testing positive for COVID-19. Unfortunately, there’s still no clear-cut answer to this question.
Although you could technically apply for this compensation, it isn’t easy to prove a correlation between your work environment and the COVID-19 exposure. Indeed, the only people today who knowingly risk catching COVID-19 are those who work in the healthcare field. Even still, most hospitals provide their employees with robust protections like hand sanitizing stations, clean face masks, and visors, making it difficult to determine how culpable hospital leadership is for each COVID-19 case.
Bottom line: unless employees could prove their employers weren’t taking preventative measures against coronavirus, there’s little chance a COVID-19 workers’ compensation claim will pass.
By the way, the Law Office of Alice A. Strömbom recently put together a few pieces explaining COVID-19 compensation claims in greater detail. Be sure to click this link if you’re interested in learning more about this issue.
So, What’s the Future of Workers’ Comp?
Now that telecommuting is becoming the new normal, lawyers around the world are trying to wrap their heads around the ramifications in workers’ compensation. Employers are still responsible for providing a safe working environment to employees, but how far leaders have to go is up for debate. Although it’s unlikely workers’ comp will disappear, it must quickly adapt to the global economy’s massive changes.
