• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Workers’ compensation: Firms may be liable for COVID-19, remote injuries

Lynn Cavanaugh
by Lynn Cavanaugh
October 21, 2020
1 minute read
  • SHARE ON

As the pandemic drags on, employers may see workers’ comp claims rise. States are revising their workers’ compensation laws to cover COVID-19 for some workers, as questions arise over coverage for injuries of remote employees.

States allowing COVID comp

In September, New Jersey joined 14 other states allowing workers’ comp coverage for essential workers who contract the coronavirus. Healthcare, construction and child care workers are included, among others.

Workers’ compensation has never before covered common colds or the flu because these illnesses are almost impossible to trace. However, COVID-19 can potentially be traced to the workplace, so California, Illinois, Michigan and others have made changes to expand coverage for the virus. Similar laws are pending in other states.

Remote employees’ injuries

Under most state workers’ compensation laws, firms are liable for employee injuries in the workplace.

However, if a remote employee gets injured at home, “workers’ compensation will have to provide benefits to that employee under most state laws,” says Robert Fitz-Patrick, partner at law firm Hall Estill.

It’s “likely a broad range of potential injuries will be covered when the employee is working at home,” he says. “Courts will focus on how the injury occurred, and closely examine the work-related task the person was engaged in when the injury occurred.

Employers should protect themselves by implementing these practices, he suggests:

• Work-at-home policies: Include details on creating a dedicated safe workspace. “Work-at-home job descriptions can also help define the scope of the at-home employment,” says Fitz-Patrick.
• At-home reporting: Ensure workers report injuries, seek medical care and provide an incident report ASAP.

Lynn Cavanaugh
Lynn Cavanaugh
Lynn, a member of the HRMorning staff, is an award-winning editor who writes about HR, benefits and compensation topics. Previously, she was editor-in-chief of Woman’s Own and American Woman magazines.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader