Home » Law and Legal Articles » Telecommuting Raises New Issues for Workers' Compensation
Telecommuting Raises New Issues for Workers' Compensation
A recent New Jersey workers' compensation case involving an employee's death in her home office illustrates this point. Although the woman's family was ultimately awarded benefits, the case illustrates how tricky it can be to navigate the divide between home and work.
November 19, 2011 /Law and Legal PR News/ -- Telecommuting Raises New Issues for Workers' Compensation
Workers are increasingly taking their jobs out of the office. Today, nearly 20 percent of the U.S. workforce works remotely. Most of that remote work happens inside the employee's home.
This arrangement often provides benefits for both employers and employees --employers save money on rent and utilities, while workers get to have a more flexible schedule and avoid long commutes. However, the arrangement does come with new risks. For example, what happens when an employee who works at home suffers an on-the-job injury? Does a home office count as a jobsite?
New Jersey Workers Injured at Home Can Get Benefits
A recent New Jersey workers' compensation case involving an employee's death in her home office illustrates this point. Although the woman's family was ultimately awarded benefits, the case illustrates how tricky it can be to navigate the divide between home and work.
The decedent in the case had worked for 25 years as a manager for AT&T. She usually worked from home three days a week, but when she faced important deadlines she would work from her home office late into the night.
On the day before she died, the woman worked on a project until past midnight. When her son awoke at 7:00 the next morning, she was already working. During that morning, she complained of leg pain and emailed co-workers that she was not feeling well, but that she would finish the project. At approximately 11:30 she called an ambulance because she could not breathe. She was pronounced dead at the hospital.
Doctors determined that the woman had died from a pulmonary embolism caused by a blood clot that developed during the preceding twelve to twenty-four hours. Her family brought a claim for workers' compensation survivors' benefits, claiming that the clot had been caused by the fact that the woman's job caused her to remain seated in front of her computer for long periods of time.
The employer didn't contest that the clot had developed while the woman was working, but claimed that her job wasn't the proximate cause of her injuries. Rather, they noted that she weighed over 300 pounds and claimed that the woman would not have been morbidly obese unless she also led a largely sedentary lifestyle outside of work.
Ultimately, the woman's' family was awarded benefits. The court determined that the woman led a sedentary lifestyle both in and out of work, but that credible evidence existed to show her work inactivity was greater than her non-work inactivity.
This case shows how difficult workers' compensation cases can be when an employee works from home, as the court needs to decide whether the injury was related to "work" activities or "home" activities. If you've been injured at your home office, you would be wise to contact an experienced workers' compensation attorney who can help you understand your rights.
Article provided by Tepper, Sherling and Berliner LLC
Visit us at www.teplaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
FL Web Advantage
|
|
|
|
|
| LAW AND LEGAL ARCHIVE SEARCH |
|
|
| |
| SUBMIT LAW AND LEGAL NEWS |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us