"Wait, We Insure Employees At Home?!"

Best practices for minimizing worker's compensation liability from your remote workforce

As the 2019 novel coronavirus (COVID-19) pandemic drags on, employers are continuing to wrestle with the limitations of outdated employment laws ill-suited for the modern workforce. Imagine Don Draper, Ward Cleaver or Rob Petrie settling in for their daily 9-to-5 from the kitchen table.

Squarely among the laws not specifically designed with the home office in mind is the worker's compensation insurance system. Employers often are surprised to learn that they may be liable for employee injuries that occur off-premises at an employee's home.

Worker's compensation laws vary by state, but under most state laws, including Wisconsin's, employers are liable for employee injuries that arise both out of and during the course of employment, regardless of the location where the injury occurs. In contrast, injuries that occur when an employee deviates from their working duties to