Does worker's comp cover injuries while working from home? Well, it depends

“Do I have to pay worker’s compensation benefits to an employee who trips on her dog and injures her knee while working from home?” This may not be the first question on employers’ minds as they adjust to the new norm of working from home. It's something you should start thinking about, however, as the new work-from-home operations get up and running during the COVID-19 pandemic. The answer though is—as is the case with many legal questions—it depends. The situation is highly fact-intensive, and the law doesn’t yet provide any clear guidance. But there are steps you can take to protect your business from liability and employees from injuries. Read on for guidance on where the law stands and what you should do.

Injuries in the course of employment

An employee who is permitted to work from home and injured while doing so is generally compensated in the same way she would be if the injury had occurred on the employer’s premises. The compensability of a work injury (whether at work or at home), however, depends on various factors, including whether:

• An employer/employee relationship exists; and
• There is a causal connection between the injury and the work that was being performed.

While all of the factors are necessary to have a compensable work-from-home injury, the compensability typically turns on whether the injury occurred “in the course of employment.”