Many companies in California are jumping on the work at home bandwagon and allowing their employees to work from home offices instead of coming into a workplace managed and maintained by them. While there are many perks to having employees work at home, such as less overhead costs for office spaces and supplies, there are also areas that can pose problems. If you work at home as an employee of a company, you may wonder what happens if you get injured while working.
Workers’ Compensation Coverage for Work From Home Injuries
Because you are an employee, your employer must still have workers’ compensation insurance to cover any work-related injuries you may sustain, according to The Hartford. California workers’ compensation insurance applies to employee injuries regardless of where the work is performed, including home office settings. For example, in Sedgwick CMS v. Valcourt-Williams (Fla. 1st DCA 2019), a worker tripped over her dog while working from home. Although a lower court initially found the injury compensable, the appellate court reversed and held the employer was not liable because the risk of tripping over her dog did not arise out of the employment.
Employer Liability for Home Office Safety
Essentially, regardless of where you work, your employer has the duty to ensure your workspace is safe. When an employer allows work from home arrangements, they retain responsibility for workplace safety even in your home office; however, neither Cal/OSHA nor federal OSHA requires employers to physically inspect employee home offices, employers fulfill this safety duty by providing ergonomic guidance, safety training, and maintaining an Injury and Illness Prevention Program that covers remote workers. An employee injury at home during work hours may qualify for workers’ compensation benefits if the injury occurred while performing job duties.
Independent Contractors vs. Employees
It is important to note that not all people who work at home are classified as employees. If you are not an actual employee, then you are not entitled to workers’ compensation. Independent contractors typically do not receive workers’ compensation coverage under California law. This should be stated in the contract you signed where it explains you are an independent contractor.
When to Seek Legal Advice
If you’ve sustained a work-related injury while working from home and have questions about your eligibility for workers’ compensation benefits, consulting with a work from home injuries lawyer can help clarify your rights. An experienced employee work from home injury lawyer can evaluate whether your employer is liable for injuries that occurred in your home office and guide you through the claims process. This information is only intended to educate and should not be interpreted as legal advice.