Protect Against Costly Remote Employee Workers’ Comp Claims

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Protect Against Costly Remote Employee Workers’ Comp Claims

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Remote worker

Remote work is here to stay, in some capacity, for the long term. But with this change comes new challenges for your practice. One of which is the potential for a remote worker to file a workers’ compensation claim if they’re hurt at home. Yes, that really can happen.

Your practice CAN be held liable for injuries that a remote worker sustains on their own property – if they’re injured while performing their regular duties. It’s essential that you create a process to set each worker up for the safest, most successful working environment possible, even when they are not located at your practice.

Implementing a clear remote worker safety process will minimize injury risk to your employees and protect your practice from being on the hook for workers’ compensation claims.

Communicate the Basics

Managing remote workers can be tricky. You never really know if they are working or catching up on home-related items (laundry, walking the dog, saving on childcare, etc.). But every time an employee engages in a non-work-related activity while on the clock, it increases your practice’s risk of them getting injured and making a workers’ compensation claim.

To start, before an employee is approved for remote work, sit down with them and go over some basic points about the expectations for working at home. Put these items in a document that the employee signs and agrees to. Then, keep the signed document in their personnel file and give the employee a copy as well for their records. Depending on the circumstances of an injury claim, this document could avoid costly workers’ compensation expenses.

Some items to include in this document include:

  • Core Working Hours: Is your employee expected to be logged in and working from 9 a.m. to 5 p.m. Monday through Friday with a 1-hour break for lunch? Or is their job more suited to flexible hours? Putting this information down in writing sets the expectation that work hours are for work only and also helps your remote worker set some boundaries for their new life.
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  • Break Times: When an employee is on a break, they can engage in activities that aren’t directly work-related (including walking the dog or washing dishes). Clearly spell out in your remote worker document that any injuries that may be sustained doing these non-work-related activities are not eligible for workers’ compensation.
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  • Physical Space: Lay out the bare minimum physical conditions you expect a remote worker to have in their home office setup. Items such as a desk, a comfortable chair, good lighting, and an area free of any obvious hazards. If your employee requires specialized equipment, such as a headset for phone calls, add it to their list before the employee signs the document. This can also help you keep track of any equipment you give them should you eventually part ways.
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  • Reporting of Injuries: If an employee is injured during their workday, they need to know who to contact and what information to communicate. Include in your document the name and contact information of the employee’s supervisor, as well as specifics of their injuries that must be reported (date, time, location, type of injury, circumstances of injury, etc.). This helps to clarify the process for everyone in the event that someone does get hurt.
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  • Not Guaranteed: Working from home isn’t normally a requirement for typical practice staff. Accordingly, if you want the ability to change their work status, and have them come into the office, it can be helpful to include this in your remote-worker document.

Check for Ergonomics

Workers’ compensation claims can be expensive. For repeat-use injuries, such as carpal tunnel or back pain, the National Safety Council reports the average payout in 2018-2019 was just over $31,000. In some cases, simply paying better attention to the ergonomics of a worker’s desk and equipment can decrease their risk for these types of injuries.  This is true for remote workers, too.

To help you combat overuse injury claims from your remote workers, it’s important to pay as much attention to how ergonomically their workstations are as it is for those employees in the office full-time. When going over the remote-work document with them, ask about their planned workstation. Inquire about what type of desk or table they’ll use, whether they’ve got an ergonomic desk chair, and if they have any other ergonomic equipment, including an ergonomic keyboard or mouse or a standing desk.

In the long run, it may be worthwhile to consider purchasing some basic ergonomic equipment for your remote workers. Items such as chair cushions, keyboard rests, and even desk chairs are far less expensive than the potential of paying for an employee’s carpal tunnel surgery through workers’ compensation.

If you do purchase ergonomic equipment for your employees, be sure you carefully document what equipment each employee receives and have them sign a document that the equipment belongs to your practice and must be returned if they ever leave your employ.

Check in Regularly

Maintaining regular communication with your staff that are working remotely is sometimes more important than with those employees you see in the office every day.

Checking in at varying times of the day with your remote employees allows you to see not only how working at home is going, but how they’re feeling physically and how their home office setup is working out for them. You may find that someone who never had back pain before begins complaining of a nagging issue that, if left unchecked, could turn into a workers’ comp claim.

Reaching out via email, text, phone, or messaging app is a great way to stay connected with all your remote employees and gives you the opportunity to head off any potential issues that could become liabilities for your practice.

Moving employees to long-term remote work is a challenge for even the most prepared practice. You’ve got a lot of compliance and legal issues that could easily crop up that may not occur with in-office employees. To help you navigate the ins and outs of the new remote work landscape, check out Healthcare Training Leader’s online training session, Prevent Remote Worker Legal Violations with Bulletproof Policies. This expert-led, 60-minute training will give you the tools you need to ensure you’re staying above board with the law as you allow more of your employees to work from home. Sign up for this valuable training today.


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