According to statistics, Washington has one of the highest remote work rates in the United States, with 37% of employees working from home at least one day a week. While remote work can be convenient, provide flexibility, save you the costs of commuting, and offer work-life balance, you may be wondering whether Workers’ Compensation for remote workers is available in the event of an injury. Yes, remote employees may also be covered by Labor and Industries (L&I) benefits in the event of a work-related injury or occupational disease.

Are Remote Workers Covered by Washington’s Workers’ Compensation Laws?

All workers in Washington are covered by the state’s Workers’ Compensation laws, including remote workers who work within the state. However, remote workers hurt on the job must be able to show that the injury occurred within the course of employment. Satisfying this requirement can sometimes be challenging for employees who work from home. Unlike those who go to work each day at a designated place of business, remote workers may not have eyewitnesses to confirm how the injury occurred or other key evidence.

Whether the course-of-employment requirement is met for remote workers is determined on a case-by-case basis. Social, recreational, and athletic activities on-the-clock are usually not considered to be work-related. However, the Board of Industrial Insurance Appeals has determined that injuries that arise during certain activities during work hours — such as getting a beverage, taking a break, or using the restroom — are not necessarily excluded from Workers’ Compensation coverage.

When are Remote Workers Excluded from Workers’ Compensation in Washington?

Although Workers’ Compensation for remote workers is available, there are specific exclusions. Often, the inquiry in remote work cases centers around whether the employee abandoned their job duties at the time the injury occurred — in such instances, L&I benefits would not be available. Workers’ Compensation may also not be applicable in cases where the activity served both work and non-work purposes.

In addition, independent contractors are not eligible for Workers’ Compensation benefits in Washington, regardless of whether they work on-site or remotely. However, misclassification is an issue that frequently arises in connection with independent contractors. If a worker is classified as an independent contractor by the employer, but meets other criteria for an employee, they may be entitled to Workers’ Compensation for a work-related injury or disease.

What Types of Work-Related Injuries Can Remote Workers Get?

Remote workers are subject to a wide range of work-related injuries and illnesses that may be eligible for Workers’ Compensation benefits. Some common examples of injuries and occupational diseases where Workers’ Compensation for remote workers may be applicable can include the following:

• Musculoskeletal disorders — These types of injuries can include back pain, carpal tunnel syndrome, tendonitis, neck strain, and shoulder injuries from typing, sitting at a desk, or inadequate chair support.
• Slip and fall injuries — A remote worker may suffer injuries in a slip and fall accident caused by unsecured cords, clutter, spills, or poor lighting.
• Hearing loss — Hearing loss may be covered by Workers’ Compensation for remote workers if it is caused by the job.

Remote workers must follow the same L&I claims process as employees who report to a physical workplace. While claims for injuries must be filed within one year of the accident, there is a two-year deadline imposed for occupational diseases. Reporting the injury to your employer as soon as feasible is helpful. An injured worker should be sure to document everything and keep detailed records concerning the accident, medical treatment rendered, and all communications with the employer. L&I will investigate the claim to determine whether Workers’ Compensation benefits — including medical treatment and time loss benefits — are applicable.

Contact an Experienced Washington Workers’ Compensation Attorney

If you work from home, understanding whether you are eligible to receive Workers’ Compensation benefits can be confusing and overwhelming. It is vital to have an attorney on your side who can guide you through the process. A diligent Workers’ Compensation attorney can evaluate your case and assist you with filing an L&I claim to ensure you obtain the benefits you deserve.

The Bellingham Workers’ Compensation attorneys at Robinson & Kole provide trusted representation to injured workers throughout Washington State and work to secure the best possible results in every case. We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.