Actually, the workers comp policy is divided into several sections with Part 1 being the actual workers comp coverage. However, the employee has a burden of proof to show that his or her injuries occurred as the result of or during work. California has no specific statutes directly regulating telecommuting. Talk to an experienced lawyer who can help you identify and sort out your rights. Before coming to work, an employee picks up a report from the company accountant at the request of the manager.
Office of Workers' Compensation Programs (OWCP) The Department of Labor's OWCP administers four major disability compensation programs which provides to federal workers (or their dependents) who are injured at work or acquire an occupational disease: Wage replacement benefits Medical treatment Vocational rehabilitation Other benefits .
Ms. Terri A. Hiles
In the written job description, detail the job duties required of the telecommuter. Be specific about which activities are and are not allowed. Provide the telecommuter with a work computer and a work cell phone.
This way his or her activities can be monitored and tracked by the company if a question arises about work related activity at the time of the injury.
Log-on and —off times are also appropriate. Companies should establish a policy which applies to telecommuting with language in the employee handbook stating that the telecommuting employees are subject to and must comply with all procedures and policies that apply to all company employees. All employees who telecommute should be provided a copy of the policy and should sign an agreement acknowledging its terms. If a telecommuting employee reports a work-related injury, a thorough investigation needs to be conducted as to the credibility and causal connection to job duties.
Medical records are needed to establish the connection with first report of an injury. As telecommuting increases, so will the uncertainty surrounding accidents that occur at home. Caroline has represented clients in various stages of civil litigation primarily in the areas of insurance defense, products liability and employment.
She has drafted numerous briefs, complaints, pre-trial motions, memoranda and discovery requests, and responses. Skip to main content. Gatto and Mark A. Court Confirms Parroting the Language September 14, Betting Big on Blockchain by: Levin and Alan S. Holden and Susan M. Joseph E Clark and Myron D. Neal Walters and Casey G.
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Questions about location may depend on the facts and the type of law, too. State tax laws are a good example. To which state does an employee owe income taxes on wages?
The answer may depend on the employer's and employee's locations, whether or not the employee travels for work and state tax laws. Many pitfalls and problems can be avoided when employers have telecommuting policies in place. Here are some telecommuting policy topics to cover:. Employment laws still apply when employees work from home, so watch for different ways these laws might apply in the home office setting.
Discrimination laws apply to employees even when they're home-based. The terms of a telecommuting policy can't discriminate, and the policy must be applied fairly. How a policy defines a work-from-home program and how workers qualify can keep a plan clear of discrimination claims. Also, working from a home office can be a reasonable accommodation for an employee's disability for purposes of the Americans with Disabilities Act ADA.
Unless workers have exempt status, employers need a system for tracking and reporting hours worked, including overtime policies. Consistent use of a time reporting system helps avoid claims of wage and hour law violations, and helps both sides maximize telecommuting time efficiencies. Employers also need to plan for how home based workers are paid for work outside the home office.
If most working hours are from a home office, a worker may need to be paid for time and travel if they need to leave home for any work. Workers need to stay safe while working from home, and a home office setting doesn't insulate a worker from all work-related injuries.
The Occupational Safety and Health Administration OSHA doesn't hold employers responsible for the safety of home offices, and doesn't inspect home offices.
When Workers’ compensation Benefits Apply
New York State Workers' Compensation Board Home Page. The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease. Search CareerBuilder for Workers Compensation Specialist Work From Home Jobs and browse our platform. Apply now for jobs that are hiring near you.