Overview
When employees work from home or another remote location, employers can still be liable for work-related injuries. The rules vary by jurisdiction, and courts will consider whether the injury arose out of and in the course of employment.
This guide explains practical steps employers can take to reduce risk, document expectations, and support a safer remote-work environment.
Key takeaways
- Employers can be liable for injuries that occur while an employee is performing work duties at home.
- Clear policies, regular check-ins, and documented safety guidance reduce risk and improve outcomes.
- Proactive visits or virtual assessments help identify hazards and show employer involvement.
How it works
Liability for remote workers typically depends on whether the injury is linked to job tasks or occurred during a nonwork activity. Employers should focus on establishing what counts as work time and what does not.
To demonstrate reasonable care, keep records of communications, training, equipment provided, and any workspace assessments. These records help show that the employer took steps to prevent injury.
What it may cover (and what it may not)
Workers' compensation programs generally cover injuries that arise out of employment and occur in the course of performing job duties. Coverage often includes medical care and partial wage replacement for eligible claims.
Nonwork-related injuries that happen during an employee's personal time or while using the home for nonjob activities are less likely to be compensable. Clear schedules and written expectations help define those boundaries.
For additional information about small-business or home-based operation considerations, see Home-Based Manufacturing Insurance.
Common mistakes to avoid
Assuming remote employees need no oversight. A lack of engagement can leave hazards unaddressed and documentation thin if a claim arises.
Failing to set clear work hours. Without defined start and end times, it is harder to show whether an injury happened during work.
Not providing basic safety guidance or ergonomic support. Even simple checklists or equipment allowances can reduce injury risk.
Questions to ask an agent
- Does our workers' compensation policy clearly cover remote employees and any equipment we provide?
- Should we consider additional liability or business-operations coverage for home-based activities?
- What documentation will best support our management of remote-work risks?
Next steps
Create or update a remote-work policy that defines work hours, approved equipment use, reporting procedures, and expectations for safety. Share the policy with every remote employee and keep a record of acknowledgments.
Schedule brief, regular check-ins and offer optional virtual workstation assessments. These interactions provide support and help document the employer's ongoing interest in employee safety.
Review industry-specific coverage options and resources by consulting Workplace safety, health, liability and ethics. After you review coverage options, consider whether to talk to an agent to align policies with your remote-work practices.
Frequently Asked Questions
Can an employer be held responsible for a slip-and-fall at an employee's home?
Yes, if the fall occurred while the employee was performing job duties and the injury is tied to work activity, it may be compensable under workers' compensation rules.
Should employers require a formal home-office assessment?
Formal assessments are useful but not always required; even informal virtual checks and a written safety checklist can reduce hazards and document employer efforts.
What records help defend against questionable claims?
Keep clear records of policies, communications, equipment provided, acknowledged safety guidance, and any workspace assessments or trainings.