Could employers be held liable if employees are injured while teleworking?
If employees are injured while teleworking, they are entitled to file a workers’ compensation claim. Adjudication of that claim is based on the relevant State’s statute. It is beneficial to have a telecommuting agreement with employees that addresses the home inspection and health and safety issues and clearly states your responsibility in these matters. A training program and accompanying materials should provide information on how to create a safe workplace in the home. Note that the Department of Labor’s Occupational Safety and Health Administration does not conduct inspections of employees’ home offices, will not hold employers liable for employees’ home offices, and does not expect employers to inspect the home offices of their employees.
