If you supply your workers with company cell phones, laptops, BlackBerries, iPads, or other portable devices, and a worker is injured using the device while doing company business off site or off the clock, you could face a costly workers' compensation claim.
The increasing use of mobile devices and remote work is challenging traditional notions of work-related mishaps and creating a significant risk-management exposure for businesses.
Picture a woman in her car on the way to work. She has a laptop open on the passenger seat, a GPS on her windshield, another portable device on the dashboard, a smart phone in her hand, and earphones in her ears when she runs off the road and suffers a broken leg. Or picture a man walking down the street after he leaves the office. He’s engrossed in checking work email and texting and is oblivious to a crosswalk, stumbles when he hits the curb, falls, and is hit by a car. Both of these people might reasonably argue that their injuries were work-related.
Before telecommuting and mobile devices became common, most employees worked in a defined physical location during specified hours. Now people use company devices from houses, cars, clients’ locations, subways, libraries, airports, parks and other public places, and many check work email while on vacation.
Many workers assume management expects or encourages this behavior. Even if that is not the case, your business can have some responsibility for incidents that result from employees using company devices offsite, similar to how employers may be responsible for other workplace incidents.
To manage the risk, work with your human resources department to set clear “best practices” that define acceptable use of company devices away from the workplace. Those rules should balance employees’ professional responsibilities with their personal time and include guidance on safe device use while commuting or in public.
Some mobile businesses and specialized operations face related exposures; for example, see Fashion Truck Insurance for Mobile Clothing Retailers for coverage considerations that apply when business activity occurs away from a fixed storefront.
Other employers with on-the-go operations should review industry-specific policies and controls for workers who operate equipment or provide mobile services; see Mobile Crane Operators Insurance for one example of specialized coverage that may apply to mobile workforces.
Draft clear policies, train supervisors and employees, document expectations, and consider device-management tools that limit risky behavior. If you need help assessing exposures or adjusting policy language, talk to an agent.
Frequently Asked Questions
When is an injury while using a company device considered work-related?
An injury is more likely to be considered work-related if the employee was performing job duties, responding to work messages, or using the device at the employer’s direction; circumstances vary by case and jurisdiction.
Should employers restrict after-hours use of company devices?
Employers can set reasonable policies limiting after-hours use and clarifying when employees are expected to be available, which helps reduce ambiguity about work-related exposures.
Can device-management software reduce risk?
Yes; mobile-device management and acceptable-use controls can limit distractions and secure company data, but they should be paired with clear policies and training.
How should an employer document expectations about offsite device use?
Use written policies, signed acknowledgments, regular training, and incident-reporting procedures to document and communicate expectations.