Handling Personal Injury Cases in the Remote Work Era
Remote work has streamlined everything about the way businesses operate, from how employees are hired and managed to the way teams collaborate and results are delivered. This model allows business owners to cut costs significantly, and although it seems to be more hands-off, it’s not without risk.
While having a team of remote employees is ultimately more cost-effective than having a team working out of a formal office, certain risks remain the same. For example, employers are responsible for employee safety even for teams working from home. This makes safety a little harder to manage, which means businesses with remote teams will likely see workers’ comp claims and possibly lawsuits.
Although it’s more challenging, getting a handle on safety isn’t impossible. The following tips are helpful for reducing the risk of personal injury lawsuits filed by remote workers.
Have strict policies for tracking work
Since being on the clock or performing work is the biggest factor in determining whether an injury qualifies for a lawsuit, you’ll need to implement strict procedures for tracking when remote workers are on the clock and when they’re not. It’s not good enough to trust that they’ll work their full day and take breaks at their leisure. While you might have employees who are perfectly honest about taking their breaks, that honesty might disappear when they’re injured.
For example, say an employee slips and falls in a restaurant parking lot as they attempt to get into their car. Say the resulting injury is a broken toe from when their foot hit their tire. It’s not too serious, but it’s still an injury. They might say the injury happened at work just to get benefits, and claim they ran over their toe with their office chair. It sounds silly, but claims like these happen all the time.
If you’re not tracking when employees take their lunches, you can’t prove whether they were or were not on the clock at the time of the accident. Now, it would take some digging to prove the time of the accident, but a good lawyer will look at everything, including parking lot cameras if your employee admits where they went to eat that day, and work activity.
Create an official safety policy for remote work
To protect yourself against injury lawsuits stemming from workers’ oversight or carelessness, you need an official safety policy. You also need to actively train your employees regarding creating a safe workplace, and get them to acknowledge the rules in writing.
Remote employees sue their employers frequently for injuries that are technically their own fault. Many of them win. For example, an Australian woman won a lawsuit against her employer for an injury she sustained on a paid break. She was puppy sitting for a friend and put up a fence to separate the dog from her own rabbit. She tripped over the fence, became injured, sued, and won.
In another case, a salesperson for JCPenney won an injury lawsuit after she tripped over her dog and fractured her wrist while working from home. Her company – a major retailer – required her to work from home, but didn’t have an official safety policy in place.
While a safety policy won’t protect you from every lawsuit, it can go a long way to support your side. With a policy, you can tell remote workers to avoid specific distractions and hazards while they’re on the clock. If they choose not to and end up injured, that can work in your favor should they file a lawsuit.
To assess an employee’s workspace for safety, many companies administer a questionnaire that asks specific questions regarding hazards (like loose cords) with the intention of improving safety. Some employees might disregard the policies you put in place, but their acknowledgment of the rules can help you in case of a lawsuit. You might even consider asking employees to take photos of their workspace.
Prioritize ergonomics
Since many remote workers don’t have a dedicated workspace, ergonomics are critical for preventing musculoskeletal injuries to the neck, shoulder, and wrists. Some employers issue training videos on how to create an ergonomic work space, and others go out of their way to purchase ergonomic furniture and tools for employees. If you’re required to buy an office chair for each of your employees, you may as well get them one that will reduce the potential for injury.
Remote work is risky, but the benefits are clear
Having remote workers creates safety risks that you won’t find in the office. However, the benefits of having a remote team outweigh the potential risk of a lawsuit. The key is to implement clear policies and enforce the rules.
