Remote Work and L&I: Are You Covered When Working from Home?

The rise of remote work has changed how we think about workplace safety and workers’ compensation. In Washington state, the Department of Labor & Industries (L&I) oversees workers’ compensation coverage for most employees, including those who work from home. But what happens if you’re injured while telecommuting? Are you covered under L&I? Understanding the rules is essential for workers to ensure that you receive the benefits to which you are entitled with or without legal representation.

Does L&I Cover Remote Workers?

Yes, remote workers are generally covered under Washington’s workers’ compensation system. According to L&I, coverage applies to most employees unless they meet very narrow exemption criteria. Simply working from home does not make you exempt. If you are performing duties for your employer and suffer an injury or occupational illness, you may be eligible for benefits under L&I.

What Counts as a Work-Related Injury at Home?

Workers’ compensation applies to injuries that occur “in the course of employment.” For remote workers, this means:

• The injury happened while performing job duties.
• The activity was authorized or reasonably expected as part of your work.
• The injury occurred during work hours.

For example, tripping over office equipment while attending a virtual meeting may qualify. However, injuries during personal activities, like exercising on a break, do not.

Employer Responsibilities for Remote Workers

Employers must report hours and pay premiums for remote employees just as they would for on-site staff. L&I emphasizes that remote work does not change coverage requirements. Businesses should:

• Maintain accurate records of remote work hours.
• Ensure ergonomic guidelines and safety resources are available.
• Understand that issuing a 1099 form does not exempt a worker from coverage; classification depends on control and independence tests.

Independent Contractors and Remote Work

Not all remote workers are employees. Independent contractors may be exempt from coverage, but only if they meet strict criteria under Washington law. Having a business license or working off-site does not automatically make someone exempt. Employers must review the exemption requirements to determine coverage. Misclassification can lead to penalties and back premiums.

Out-of-State Remote Workers

If an employee works remotely from another state, coverage depends on where they are “principally localized.” Washington has reciprocal agreements with several states, allowing temporary work without purchasing additional coverage. However, employers should verify requirements and obtain extraterritorial coverage certificates when necessary.

What Benefits Are Available for Remote Workers?

If your claim is accepted, benefits may include:

• Medical treatment for work-related injuries or illnesses.
• Time-loss compensation if you cannot work during recovery.
• Vocational services if you cannot return to your previous job.
• Permanent partial disability awards for lasting impairments.

These benefits apply whether you work in an office or from home, as long as the injury is job-related.

Common Challenges for Remote Workers

1. Proving the Injury Was Work-Related: Remote work blurs the line between personal and professional activities. Documentation is key; keep records of your work schedule and tasks.
   
2. Delayed Reporting: Some remote workers hesitate to report injuries, assuming they won’t be covered. Prompt reporting is essential to avoid claim denial.
   
3. Employer Misunderstandings: Employers may incorrectly assume remote workers are exempt. This can lead to compliance issues and penalties.
   
   

Best Practices for Remote Workers

• Create a Safe Workspace: Follow ergonomic guidelines to reduce strain injuries.
• Document Incidents: If an injury occurs, note the time, activity, and work-related context.
• Report Immediately: Notify your employer and file a claim with L&I as soon as possible.
• Stay Informed: Review L&I resources to understand your rights and responsibilities.

Why This Matters

Remote work is here to stay, and so are the responsibilities that come with it. Both workers and employers need to understand that L&I coverage extends beyond the traditional office. Misunderstandings can lead to denied claims, financial hardship, and legal complications.

For Washington workers, knowing your rights under L&I is critical. If you face challenges with a claim or are denied coverage, an experienced L&I attorney, such as those at Emery | Reddy, can help.