Workers' Compensation for Remote Employees in Ohio

These days, remote work has become the norm, not the exception, for many industries. While working from home offers a lot of convenience and flexibility, it also raises new questions about workplace safety and legal protections.

One of the most commonly asked questions that workers' compensation lawyers receive is whether remote workers are eligible for benefits.

Yes, but there are some caveats. The Ohio Revised Code was updated to include remote work in 2023.

Understanding how workers' compensation coverage applies to remote employees, what types of injuries are covered, how claims are investigated, and why legal representation is necessary can help Ohio workers get the benefits they are entitled to. They advise on workers' compensation for seasonal workers in Ohio as well.

Understanding Ohio Workers' Compensation Coverage

Ohio uses a no-fault workers compensation system. This means that the injured employee can receive benefits regardless of who is at fault. With this system in place, workers can be compensated for the following:

• Medical costs

• Lost wages

• Temporary or permanent disability

• Vocational rehab

In return for these benefits, which are guaranteed, the employee cannot sue the employer in most cases.

The Ohio Bureau of Workers' Compensation (BWC) administers this system, and it applies to most Ohio employers. This includes those with employees performing remote work.

Are Remote Employees Covered Under Ohio Workers’ Comp?

Yes, remote workers are covered under Ohio's workers' compensation laws. However, this is where things can get a little tricky.

The key factor in determining if an injury is covered is to find out if the injury or disability occurred in the course and scope of employment. It doesn't matter where the injury happened. What does matter is why and how the injury happened.

Here are some examples of when a remote worker can apply for workers compensation benefits:

• A data analyst trips over a power cord and hurts himself while getting a file from their home office.

• A telehealth nurse is moving heavy medical equipment during a virtual consult and strains her back.

• After many long hours on the computer in their home office, a marketing manager develops carpal tunnel.

If all of these employees hurt themselves during the course of their work responsibilities, and it was done during work hours for the exclusive benefit of their employer, the injury or disability sustained can be covered by workers compensation coverage.

Challenges in Proving Remote Work Injuries

Remote employees are eligible for workers comp. However, things get more difficult in these cases because it's not always easy to prove that the injury happened while performing their job. Here's why:

• In a controlled and traditional work environment, there are likely witnesses. In a home office, or while at home, there are often no witnesses.

• When in a traditional work environment, the worker performs their job duties, and only their job duties. However, when at home, they may take a break to do laundry, load the dishwasher, or walk the dog. Even if they are on the clock when doing those things, if they get hurt, they did not get injured while performing their work duties.

• Employers have control of the environment at a traditional workplace. However, they have no control over the safety of an employee's home office. If there are cords around to trip over in a home office, and the employee trips, this could impact the claim.

The biggest takeaway here is this: to get workers comp benefits, there must be a clearly established connection between the employee's duties and the employee's injury. For more information, the best workers comp law firm in Columbus may be able to help.

What Kinds of Injuries Qualify?

Remote workers compensation claims may involve a variety of injuries. Here are come common examples:

Slip & Fall Injuries

If a remote worker is performing remote work and trips and falls or slips, the injury might be covered.

Repetitive Stress Injuries

Conditions like carpal tunnel syndrome, neck strain, back pain, or other repetitive stress injury is likely covered if work-related.

Mental Health Conditions

Mental health conditions like depression or anxiety are rarely covered, but if an employee can prove that the condition is directly connected to work, it may be.

Accidents Involving Equipment

If an employee is doing work remotely and injured while using equipment provided by the employer, they might be eligible for benefits. These include everything from printers and laptops to chairs and desks.

Establishing a Valid Claim: Best Practices for Remote Workers

In order to strengthen a claim, remote employees should follow these best practices:

• Report the injury to the employer immediately

• Document the scene with photos or video

• Seek medical attention and follow treatment

• Track work hours and activities to prove the injury happened during work hours

• Use employer-approved equipment and adhere to all remote work policies

It's extremely important for the employee's employment activity to be documented to file a workers comp claim. They must maintain communication with the employer when the injury or disability arises.

Employer Responsibilities for Remote Workers

Ohio employers are required by Ohio law to obtain coverage to cover injuries of employees sustained in the course of one's employment. It is the responsibility to maintain a safe work environment, even for remote employees. Ohio law understands that employers cannot directly control the work area of their employees. However, they should do the following to reduce the chance of home injuries:

• Provide ergonomic equipment or stipends

• Offer remote work guidelines or safety training

• Require employees to have a designated work area

• Conduct virtual check-ins and risk assessments

The Claims Process for Remote Work Injuries in Ohio

Employees working from home can and do have injuries sustained while on the job, and just like if they were working at their employer's location, the claims process works in a similar manner.

1. Report the Injury - The employer should be notified as soon as possible following the injury.

2. File a First Report of Injury (FROI) - The employee, employer, or healthcare provider can file this document with the BWC.

3. Investigation and Determination - The BWC will begin investigating the claim. They may ask for the injured employee's employment records, medical records, determine if the activity undertaken was done during work hours and in a designated work area, and perform other research to determine if the injury is compensable.

4. Appeals Process - If the claim is denied, the worker can appeal.

Because of the unique nature of remote work claims, legal assistance is often crucial.

Why Legal Representation Is Essential

Remote work injury claims are often more difficult to prove because there are additional burdens of proving that the injury occurred while working. An insurance company will definitely argue and challenge the claim. For instance, they may try to prove:

• The injury happened during a break

• The employee wasn't doing work duties at the time of the injury

• The injury was pre-existing

Most people are not equipped to challenge the insurance company's powerful lawyers. An Ohio workers' compensation attorney is. They can:

• Gather important evidence and medical records

• Prove the injury or disability was work-related

• Represent the employee in court

• Negotiate for full and fair benefits

To have a chance at obtaining benefits, an injured worker almost always needs an attorney working on their case.

Protecting the Rights of Remote Workers in Ohio

The workplace is constantly evolving, and there must be laws that protect workers as things change. Thankfully, Ohio and other states can revised laws to include remote workers, specifically with workers compensation benefits.

However, proving these cases may be more difficult than proving cases that occurred at a traditional work location. This is why remote employees need an attorney at their side.

The team at Larrimer & Larrimer have been helping Ohio employees get compensation for work related injuries for almost 100 years. Those who have been injured while working from home are invited to call the firm for a free consultation.