Millions of Americans have now shifted to at-home work due to the pandemic, with the ability to do their jobs from the comfort of their personal office or bedroom. But this shift raises questions about what they’re entitled to if they’re injured in their own home. Does it still count as a “workplace”?
From 2019 to 2021, the number of people primarily working at home more than tripled from 9 million to almost 28 million, according to data from the U.S. Census Bureau.
At-home work can pose challenges for both employees and employers, said James Gallen, a senior associate attorney at Evans & Dixon.
“The absence of other workers may eliminate witnesses who could corroborate or contradict the employee’s claims of accident,” Gallen said. “Employees might be less likely to recognize an injury as work related, while employers may be more suspicious of claims occurring in environments with which they are unfamiliar and over which they have less control.”
But experts say employees who suffer injuries during the course and scope of employment, even if they’re working from home, are generally entitled to compensation.
Workers’ compensation is mandatory for most employers in every state except Texas, said Raphael Castro, an attorney at LundyLaw. (In Texas, only public employers or employers who contract with the government are required to have it).
“So if I’m an employer, and I incorporate my business within a state, even if I have one part-time employee, I’m required to have...
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