The shift to remote work has transformed the modern workplace, offering flexibility and convenience for employees across Washington state. But with this change comes an important question: What happens if you’re injured while working from home? Understanding your rights under Washington’s workers’ compensation system is essential, especially if you need to file a workers compensation claim.
Does L&I Cover Remote Workers?
Yes. Washington’s Department of Labor & Industries (L&I) generally covers remote employees under the same rules that apply to on-site workers. If you are performing job duties and suffer an injury or occupational illness, you may be eligible for benefits, even if your “office” is your living room.
Coverage applies unless you fall under narrow exemption criteria. Simply working from home does not make you exempt. Employers must report your hours and pay premiums just as they would for in-office staff.
What Counts as a Work-Related Injury at Home?
Workers’ compensation applies to injuries that occur “in the course of employment.” For remote workers, this means:
- The injury happened while performing job duties.
- The activity was authorized or reasonably expected as part of your work.
- The injury occurred during work hours.
Example: Tripping over office equipment while attending a virtual meeting may qualify. However, injuries during personal activities, like exercising on a break, do not.
Employer Responsibilities for Remote Workers
Employers must:
- Maintain accurate records of remote work hours.
- Pay L&I premiums for remote employees.
- Provide safety resources and ergonomic guidelines.
Issuing a 1099 form does not exempt a worker from coverage. Classification depends on control and independence tests, not paperwork.
Independent Contractors and Remote Work
Not all remote workers are employees. Independent contractors may be exempt from coverage, but only if they meet strict criteria under Washington State law. Having a business license or working off-site does not automatically make someone exempt. Misclassification can lead to penalties and back premiums.
Out-of-State Remote Workers
If you work remotely from another state, coverage depends on where you are “principally localized.” Washington has reciprocal agreements with several states, allowing temporary work without purchasing additional coverage. Employers should verify requirements and obtain extraterritorial coverage certificates when necessary.
What Benefits Are Available for Remote Workers?
If your workers’ compensation claim is accepted, benefits may include:
- Medical benefits for work-related injuries or illnesses.
- Time-loss compensation if you cannot work during recovery.
- Vocational rehabilitation services if you cannot return to your previous job.
- Permanent partial disability awards for lasting impairments.
These benefits apply whether you work in an office or from home, as long as the injury is job-related.
Common Challenges for Remote Workers
- Proving the injury was work-related: Remote work blurs the line between personal and professional activities. Documentation is key; keep records of your work schedule and tasks.
- Delayed reporting: Some remote workers hesitate to report injuries, assuming they won’t be covered. Prompt reporting is essential to avoid claim denial.
- Employer misunderstandings: Employers may incorrectly assume remote workers are exempt, leading to compliance issues and penalties.
Best Practices for Remote Workers
- Create a safe workspace: Follow ergonomic guidelines to reduce strain injuries.
- Document incidents: If an injury occurs, note the time, activity, and work-related context.
- Report immediately: Notify your employer and file a claim with L&I as soon as possible.
- Stay informed: Review L&I resources to understand your rights and responsibilities.
Why This Matters
Remote work is here to stay, and so are the responsibilities that come with it. Both workers and employers need to understand that L&I coverage extends beyond the traditional office. Misunderstandings can lead to denied claims, financial hardship, and legal complications.
If you face challenges with a workers compensation claim or are denied coverage, an experienced L&I attorney can help. At Emery | Reddy, we fight for Washington workers to ensure they receive the benefits they deserve.
Contact Emery Reddy, PC at 206.442.9106 for a Free Case Review today.
