Remote work changes where tasks are completed—but not an employer’s legal responsibilities. If an employee suffers an injury while working from home, employers can still be liable under California’s workers’ compensation laws. Contact our Orange County workers’ comp attorney to discuss your legal options today.
Workers’ Compensation Covers Remote Workers in California
Under California law, workers’ compensation provides benefits to employees who suffer work-related injuries or illnesses regardless of fault. This includes full-time, part-time, and remote employees. If an employee suffers an injury while performing job duties—regardless of location—the employer’s workers’ compensation insurance must cover medical treatment, wage replacement, and other benefits.
What Qualifies as a Remote Work-Related Injury?
To be eligible for workers’ compensation, the injury must arise “out of and in the course of employment.” In a remote work context, this means the employee was performing job duties at the time of the injury. Common examples include:
- Repetitive strain injuries from poor home workstation setups
- Slips or falls during work hours while retrieving files or equipment
- Stress injuries or mental health conditions linked to job-related pressure or demands
- Accidents while traveling to offsite meetings or picking up work-related materials
Injuries that occur during personal activities—such as cooking lunch or walking a pet—typically do not qualify.
Employer Responsibilities for California Remote Employees
Employers must treat remote workers the same as on-site employees when it comes to workers’ compensation coverage. To stay compliant and reduce risk, employers should:
- Maintain Active Workers’ Compensation Insurance: California law requires all employers with at least one employee to carry workers’ comp coverage, including for remote staff.
- Create Clear Remote Work Policies: Define work hours, job duties, and expectations for breaks and communications to help clarify what qualifies as work-related activity.
- Encourage Safe Home Workspaces: Provide ergonomic guidelines, offer reimbursement for basic equipment, or conduct virtual safety assessments to reduce the risk of injury.
- Document Work Arrangements: Have remote workers sign telecommuting agreements that outline job functions, work schedules, and safety expectations.
Taking proactive steps helps protect your employees and limits your exposure to injury claims.
Handling a Remote Injury Claim in California
If a remote employee reports an injury, handle the claim just as you would for an in-office incident:
- Provide a workers’ comp claim form (DWC-1) immediately.
- Report the injury to your workers’ compensation insurance carrier.
- Begin the claims process, including providing access to medical care.
- Avoid retaliation, as any negative action taken against an employee for filing a claim is illegal.
Employers must document the situation thoroughly, assess whether the activity was work-related, and cooperate with insurance providers during the investigation.
Common Mistakes Employers Make with Remote Workers’ Comp Claims
These common mistakes can lead to costly claims and legal exposure:
Assuming Remote Injuries Are Not Covered
Some employers mistakenly believe that injuries at home are not work-related. If the employee was performing job duties, the injury is likely compensable.
Not Updating Insurance Records
Failing to notify your insurer about remote roles can delay claims and create compliance issues.
Delaying Reports
Employers must provide a claim form within one working day of learning about an injury. Delays can lead to penalties and liability.
Lack of Clear Remote Work Policies
Without defined hours and responsibilities, it becomes harder to determine if an injury occurred during work. A written telework policy helps avoid disputes.
Misclassifying Workers
Treating remote employees as independent contractors to sidestep coverage can backfire. If misclassified, your business may still be liable.
If you or someone you know has been injured on the job—even while working remotely—contact our Orange County workers’ compensation attorneys at Aegis Law today.
