Telecommuting (not to be confused with independent contractors) is a work arrangement where workers (employees) perform all or part of their jobs outside the employer’s usual place of work. Also known as telework or e-work, telecommuting relies on the use of computer and communication technology to perform work from home or other remote locations.
Telecommuting workers may be covered under workers’ compensation, according to Workers’ Compensation Board (WCB) Alberta, Canada.
When coverage is in effect, employers’ responsibilities under workers’ comp legislation (including recording and reporting accidents) apply even though the work is performed from the worker’s home or another remote location.
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Telecommuting arrangements may be temporary or permanent. Temporary arrangements include carrying out a time-limited project at home. Permanent arrangements include workers who perform all or part of their duties out of their homes on a regular basis. For example a medical typist who types medical reports, a distance learning instructor working for a post-secondary institution, or an auditor employed by a public institution.
Telecommuting does not cover occasional situations when an employee brings work home on his or her own initiative, even with the employer’s knowledge (for example to complete a project in time for a deadline).
Workers Comp Issues Arising Out of Telecommuting
Recording and Reporting
Because injuries or illnesses arising from telecommuting may be work-related, employers are required to record and report these injuries and illnesses.
The Workspace
When an employer authorizes telecommuting, as a general rule, coverage is confined to the defined workspace unless the worker is engaged in an activity directly related to the telecommuting work.
For example, injuries occurring in a basement bedroom specifically designated as a work office may be covered. There may also be circumstances when injuries occurring outside the designated area are covered. The following section lists the key factors WCB-Alberta considers in determining entitlement.
Entitlement
Taking into consideration the individual circumstances of each claim, WCB-Alberta looks at the following factors, and possibly others, to determine whether a telecommuting injury is work-related and therefore covered:
- Was the activity on work time?
- Was the activity for the employer’s benefit?
- Was the worker paid for the time?
- Was the worker in that time and place due to employment reasons?
- Was the work arrangement authorized by the employer?
- Did the injury occur in the course of using equipment or materials supplied by the employer?
Travel
Travel at the direction of the employer is covered. This includes situations when a telecommuting worker travels from his or her home to the employer’s office or another site to attend a work-related meeting. It may also include travel to pick up supplies for the worker’s home office being used in the performance of his or her work duties.
Employers need to exercise caution when authorizing telecommuting. Even though some hazards in a telecommuting arrangement may not be under their control, employers still have a legal obligation under occupational health and safety legislation to provide a safe and healthy workplace.
A written policy or agreement clarifies the arrangement for the worker and employer, as well as helping WCB-Alberta in the adjudication of claims arising from telecommuting.
Author Rebecca Shafer, Consultant, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact at: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.
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