Workers’ Comp for Remote Employees: What Employers Need To Know

Remote work doesn’t eliminate workplace risks, and workers’ compensation is still an effective way to help protect your employees when injuries happen on the job. This page explains how workers’ comp for remote employees works and what business owners need to know to stay compliant.
female small business owner feels secure having workers comp for remote employees

Key Takeaways

  • Workers’ compensation insurance typically still applies to remote employees if they are injured while doing their job during work hours.
  • If you have any remote employees that are in different states, you may need to follow each state’s workers’ comp laws to stay compliant.
  • Training and encouraging employees to maintain a safe home workspace can help reduce injuries and lower the risk of workers’ comp claims.

What Is Workers’ Comp for Remote Employees?

Workers’ compensation for remote employees is employer-provided insurance that helps cover medical care costs and other benefits if an employee is injured or becomes ill while performing job-related duties. Accidents or illnesses can happen on the job, even when working from home or while traveling for work. This coverage helps ensure that remote workers receive the same protection as on-site staff.
 

Workers’ Comp vs. Employer’s Liability Coverage

Workers’ compensation insurance helps employees pay for their medical expenses, while employer’s liability insurance helps employers cover legal costs associated with a work-related injury or illness. Typically, employer’s liability insurance is part of a workers’ comp policy, but in monopolistic states, you may have to purchase it separately.
male small business employee covered by workers comp working from home

How Does Workers’ Comp Work for Remote Employees?

Workers’ comp is legally required in almost all states if you have one or more employees, including remote workers. This insurance helps pay for medical treatment if your employee is injured while performing their job duties. For example, if your remote employee develops a repetitive strain injury, like carpal tunnel syndrome from typing on the job, workers’ comp can help pay their medical bills.

When Workers’ Comp Applies to Remote Work

An injury is considered work-related when it happens during agreed upon work hours and is directly tied to an employee’s job responsibilities, even if it happens while working from home. If the injury or illness is clearly connected to an employee’s job duties, not personal activities, it can be covered under most workers’ compensation policies.
 

The Personal Comfort Doctrine Explained

Under the personal comfort doctrine, employees can take brief, necessary breaks (like refilling their water bottle, meal breaks, using the restroom or stretching) and remain covered under workers’ compensation insurance, as long as these moments are a normal part of the workday. The doctrine recognizes that injuries sustained during these incidental activities may still fall within the course of employment if the worker hasn’t substantially deviated from their job responsibilities.
 
For remote employees, this means that simple activities that keep them comfortable and able to work are generally treated the same as if they took place in a traditional office space.
 

Is Workers’ Compensation Required for Employees Working From Home?

Understanding workers’ compensation for employees working from home doesn’t have to be complicated. In most cases, employers are generally required to have workers’ compensation coverage for employees in remote workplaces. To learn more about the cost of workers’ comp for remote employees, get a quote today.
 

Workers’ Compensation for Remote Workers Out of State

Workers’ compensation laws and requirements vary by state because each state sets its own rules on coverage, reporting and employer requirements. This means that business owners may need to get coverage in multiple states or adjust their policy to meet each jurisdiction's standards.
 
In addition, workers’ compensation policies in most states have minimum coverage amounts. So, before you get your policy, check your state laws to be sure you have the right amount of coverage. It’s important to ensure your business is compliant wherever your remote employees work.
 

What Happens if an Employee Is Injured While Working From Home?

Workers’ compensation insurance for remote workers can help pay medical expenses for work-related injuries that happened on the job during work hours. For example, if your employee gets hurt after falling in their home office, workers’ compensation can pay for their medical care. Employees should contact their employer immediately after workplace injuries occur.
 

Types of Injuries Covered for Remote Employees

Workers’ compensation covers a variety of injuries and issues for remote employees, including: 
 
  • Ergonomic and repetitive strain injuries, such as neck and back pain, wrist strain, carpal tunnel syndrome or general musculoskeletal discomfort caused by long hours at a computer or incorrect workstation setup.
  • Slips, trips and falls in the remote workspace, often due to cluttered areas, loose cords or navigating between work areas.
  • Overuse injuries, including ongoing joint or muscle strain from repetitive motions or extended sitting.

What Does Workers’ Comp Typically Not Cover?

In most states, workers’ comp does not typically cover the following areas:
 
  • Non-work-related injuries or illness
  • Self-inflicted injuries
  • Injuries sustained due to the use of alcohol or drugs
  • Pain and suffering
  • Violations of company safety policies
  • Pre-existing conditions
  • Common ailments like colds and the flu

How To Handle a Workers’ Comp Claim for Remote Employees

Handling a workers’ comp claim for a remote employee follows many of the same steps as an in‑office claim, but it may require extra clarity around how and where the injury occurred. We’ve outlined the key considerations for documenting and reporting a work injury for remote employees.

 

Documenting a Remote Injury

As part of the workers’ compensation claims process, remote employees may be asked by their employer to provide documentation that helps explain the incident. Documentation examples include:
 
  1. Description of the incident (what happened)
  2. Date, time and work hours (when it happened)
  3. Remote workspace details (where it happened)
  4. Medical records or doctor’s note (proof of injury)

Reporting a Remote Injury

Employers need to follow a few important steps when reporting a workers’ comp claim for a remote employee. If one of your employees tells you they’re injured from their work, you should:
 
  1. Give your employee a workers’ comp claim form.
  2. Submit official claim paperwork to your insurance company.
  3. Provide accommodations when your employee returns to work.

How To Reduce Workers' Comp Risks for Remote Employees

Taking simple steps to support a safer and more comfortable at-home workspace can help lower the risk of injuries for remote employees.
 

Tips for Workplace Safety at Home

Employers can help reduce the risk of work-related injuries by encouraging employees to follow these ergonomic tips for remote working:
 
  • Set up a dedicated workspace that supports good posture to help reduce strain on the neck, back and wrists.
  • Take regular breaks and change positions every 30 to 90 minutes to help prevent stiffness and overuse injuries.
  • Hold your wrists flat and avoid adjusting your forearms on the desk or table.
  • Take a visual break every 20 minutes by focusing on something 20 feet away for 20 seconds to reduce eye strain.
  • Remove tripping hazards like loose cords or items on the floor near your work area.
  • Adjust screens and seating to a comfortable height to avoid repetitive strain or muscle discomfort during the workday.
 

Additional Considerations for Workers’ Comp for Remote Employees

There are a few additional factors business owners should keep in mind when it comes to having workers’ compensation for their remote employees. These considerations can vary depending on how your workers are classified and where they are located.
Workers’ compensation coverage and requirements generally apply to remote employees but can differ for independent contractors. Keep in mind that worker classifications and coverage laws vary by state. If you’re looking to hire independent contractors, it’s a good idea to review your policy with your insurer to understand who is covered.
If you have any employees working remotely outside of the United States, workers’ compensation coverage can get more complicated because coverage rules often differ from country to country. When considering insurance options, it’s helpful to understand local requirements based on where the employee is working.
Self-employed individuals and small business owners who work from home may need workers’ compensation for themselves. While coverage isn’t always required, it can help cover medical costs and lost income after a work related injury. At The Hartford, we offer workers’ comp coverage solutions for self employed individuals and independent contractors.
female small business owner enjoying the job understanding workers compensation for employees working from home

Find the Right Workers’ Compensation Policy for Remote Workers

We’re an insurance company that has helped small business owners protect their livelihoods for over 200 years. You can count on us to get you the workers’ compensation coverage you need at the right price. To learn more, get a quote today.

Frequently Asked Questions About Workers’ Comp for Remote Employees

Remote work doesn’t change the need for workers’ compensation, but it can affect how claims are evaluated. When filing a claim for a remote employee, injuries must have happened within agreed-upon work hours and still be clearly connected to the employee’s job duties. Small business owners must also consider workers’ compensation laws and requirements if a remote employee lives and works in a different state than they do.
If an employee is injured while working from home, the injury may be covered under workers’ compensation. The injured employee could qualify for workers’ comp benefits if the injury happened while performing job related duties and during work hours. Your employee should report the injury to you as soon as possible so you can start the claims process.
Workers’ comp is usually based on where the employee works, not where your business is located. For remote employees, that often means coverage follows the state where they live and perform their job, and you’ll need to follow that state’s workers’ compensation laws.
The “coming and going” rule generally means that workers’ compensation doesn’t cover injuries that happen while an employee is commuting to or from work. For remote employees, this rule can still apply, but injuries that happen while starting, returning to or moving between approved work areas in the home during work hours may be treated differently under state laws.
In most cases, yes – you need workers’ compensation insurance for remote workers if your state requires the coverage. Keep in mind that state laws will vary, so be sure to check your policy to ensure it covers remote employees and meets their local laws.
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