August 2000
Q. We
are considering a telecommuting option for some employees. How would
workers' compensation be applied in these cases?
A.We
normally think of workers' comp. as only applying at the employer's premises
but it would apply at a telecommuter's home under the "home office" exception.
This exception arises where it is shown that an employee's home has become
part of the employer's premises. The ususal factors determining this
are quantity and regularity of work performed at home, the continuing
presence of work equipment at home and the special circumstances that
made it necessary to work at home.
Because the same wc rules that apply in the office will apply in a telecommuter's
home office, employers need to take precautions to minimize the possibility
of injury and protect itself from fraudulent claims. Employer's policies
or telecommuter agreements should specify location of work in the home
and time intervals of work, clearly require that even minor injuries
be formally reported with a release allowing home inspection in the event
of an accident and the existence of third party insurance by either the
employer or employee.
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