What Will Telecommuting Due to Coronavirus Do to Workers’ Comp Claims?
May 19, 2024

With a large amount of the workforce at home for the foreseeable future, those in our industry are wondering how that may impact workers’ comp claims. Experts say employers may experience a slight uptick in workers’ comp claims.

“We’re probably going to see more claims,” said Jeffrey Smagacz, a Nashville-based ergonomics practice leader for Marsh LLC, addressing one area of concern as many office workers begin to work at home.

Another focus will be the unique claims that arise when a telecommuter trips on a cord or other object in their home office, among other accidents that create comp claims, said Dennis Tierney, Marsh’s Norwalk, Connecticut-based national director of workers’ compensation claims.

“This is something that opens up another exposure for employers who are not used to having their workers work from home,” he said, adding that most companies with telecommuters already know about ensuring safe workplaces. Much of the risk gets leveraged with the proper communication and training.

Marsh provides clients with checklists to ensure the safety and equipment and workspaces – things like being mindful of clutter to properly positioning your computer screen. They say regular telecommuting has increased by 140% since 2005 and almost half of employers hold jobs that are compatible with at least partial telework. The number is likely going to increase, regardless of capabilities, as the threat of coronavirus continues to escalate.

Mr. Smagacz said in some cases people who have been used to an office setting are working at a kitchen table that may be too high or sitting on a soft couch in an awkward posture.

Matt Zender, Salinas, California-based senior vice president of workers’ compensation strategy at AmTrust Financial Services Inc. noted that another problem is that homes are shared spaces. If they are working in the same place that their child may have a project or they have hobbies that could lead to injuries due to awkward workspaces.

Deborah Roy, Falmouth, Maine-based president of SafeTech Consultants Inc. and president-elect of the American Society of Safety Professionals, said most ergonomic injuries are from workers behavior like using a laptop on the couch and hunching over or not having arm support to use their keyboard. Continuing to do that over a period of time can lead to discomfort, and she said people need to be focused on the correct positioning if they’re at home or work.

Mr. Smagacz said employers may see an increase of claims of back discomfort- lower back, neck discomfort and arm tendonitis. He also pointed to mental stress. Workers who may feel isolated because they no longer have that workplace interaction may file mental comp claims.

Mr. Johnson noted that there may be a larger volume of unwitnessed accidents, and also pointed to delays in reporting which can increase defense litigation costs. He said there are some injuries which may be directed towards a homeowner’s policy rather than workers’ comp.

Employers need to be aware of certain factors if they are going to set up employees with ergonomic equipment, like a chair. Who is going to set up the chair, or train the employee on how to adjust the chair? What will happen to the equipment when the employee returns to work?

The U.S. Occupational Safety and Health Administration said they will not investigate the safety of home offices and regulation is lax on telecommuting. Eric Conn, Washington, D.C.-based-chair of the workplace safety practice group at Conn Maciel Carey LLP says that they may change their stance eventually.

“I think the American workforce will change after this crisis,” Mr. Conn said.” There will be a massive shift in teleworking, and OSHA might have to revisit its policies if there is a much larger percentage of the workforce in the (home) environment.”

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