A nonprofit publication of the Kentucky Center for Public Service Journalism

Keven Moore: Working from home doesn’t relieve employers from duty to provide safe environment


Thanks to evolving and improving technology, telecommuting from home has been a growing trend over the past two decades.

It is defined as a work arrangement in which employees do not commute or travel by bus or car to a central place of work, such as an office building, warehouse or store. Telecommuters will use mobile telecommunications technology such as Wi-Fi equipped laptop, tablet or personal computer, fax machines, landline phones and now smartphones to work from converted bedrooms, closets, basements coffeehouse and even from backyard pools.

Employees are now able to teleconference or video conference training sessions, sales meeting and board meetings through the use of Skype and other Apps available to employers today.

It’s been 16 years since I telecommuted on a daily basis — from a converted walk-in closet back to my regional office located on the 16th floor of the Sears Tower. Working from home at all hours of the day or night had its advantages and disadvantages that I still miss to this day.

The commute in my pajamas from my bed to my office only took three of minutes in the morning, after you factored in the time it took to pour my cup of Joe.

Telecommuters will use mobile telecommunications technology such as Wi-Fi equipped laptop, tablet or personal computer, fax machines, landline phones and now smartphones to work from converted bedrooms, closets, basements coffeehouse and even from backyard pools.

Back then I found myself 30 to 40 percent more productive than when I had to report to an office, primarily due to the lack of distractions and ability to stay focus and on task. Today, according to a Reuters poll, approximately “one in five workers around the globe, particularly employees in the Middle East, Latin America and Asia, telecommute frequently and nearly 10 percent work from home every day.

Telecommuters often times will maintain a traditional office and usually work from an alternative site from a few days a week.

In the 1990s, telecommuting became the subject of pop culture attention and today, according to Gallup.com, 37 percent of U.S. workers say they have telecommuted, up slightly from 30 percent from 10 years ago and four times greater than the 9 percent in 1995.

Roughly 3.7 million employees (2.8 percent of the workforce) now work from home at least half the time and regular work-at-home, among the non-self-employed population, has grown by 103 percent since 2005.

Fortune 1000 companies around the globe are taking advantage of the fact that employees are already mobile. Studies show they are not at their desk more than half the time.

These progressive companies are able to use telecommuting to reduce costs associated with office space and related expenses, like utilities.

Studies have shown that a majority of employees favor the option of telecommuting. Not only does this increase job satisfaction of current employees, it can also be valuable when recruiting new talent. Hiring and retaining the best employees will help save money on training costs and the fact that workers tend to have fewer injuries, contributing to lower workers’ compensation premiums, is another benefit.

It’s a fact that by offering the option to telecommute attracts talent because it improves the employees’ quality of life by reducing the traveling time to and from work. Telecommuting makes it easier for employees to balance their work responsibilities with family roles (e.g., caring for children or elderly parents).

One of the other major advantages that telecommuting offers: it helps our environment by reducing road congestion and our carbon footprint by reducing automotive emissions.

Telecommuting still has some disadvantages, such as distractions from family members who share home office space with you. Working from home may safely insulate you from the office politics that go on back at the office, but that in itself has its drawbacks.

Working alone results in a less social environment due to the isolation, and offers far less social interaction among co-workers. You are usually less aware of changes within company and it often times can cause you to be overlooked for a future promotions due to that old adage “out of sight out of mind.”

You are also more prone to excessive work hours, which can add additional workplace stress because often times there isn’t a clock to punch or a set time when the office lights go out.

I would often sit down to accomplish a simple task after putting the kids to bed and then look up to find myself working way past midnight.

One of the top reasons employers are leery of allowing employees to work from home is the inability to correctly monitor how time is used throughout the work day. One substantial problem with the lack of supervision is the ease in which an employee can make fraudulent workers’ compensation claims.

Yes, in general an employee injury or illness is covered under workers’ compensation laws if it arises in the course of employment, regardless if it occurred while telecommuting back to the office.

Employees typically have the burden of proving that the injury is work-related. “Arising Out Of” refers to what the employee was doing at the time of the injury, and “In The Course Of” refers to when the injury happened. To successfully claim workers’ compensation benefits, the employee must show that he or she was acting in the interest of the employer at the time the injury occurred.

When injuries occur in the home instead of on-site, there is usually no witness to verify that it occurred while the employee was performing company duties and not while working on personal tasks around the home.

Courts have found that an employer’s lack of control over the conditions of an employee’s home-based work premises is irrelevant. When an employee’s home is also a work place, it is often interpreted that the hazards an employee encounters when working at home are also hazards of his or her employment.

Employers are responsible for providing the same safe work environment for telecommuters as for employees who work exclusively on company property.

The problem? If employees abuse workers’ compensation claims, policy premiums can increase. In general, telecommuting situations blur the line between what is and is not covered under workers’ compensation laws.

Workers’ compensation laws vary by state and I would encourage employers to work with their policy carriers as well as their legal counsel to determine strategies to manage workers’ risks for their telecommuters.


Employers can implement the following practices that may limit workers’ compensation liability for home-based employees:

— Create a telecommuting policy that outlines the employer’s expectations for employees who work from home.

— Limit telecommuting to individuals who are well-suited for working without regular supervision. There are typical job and employee characteristics that make for successful telecommuting arrangements.

— Establish guidelines for a home office, such as a designated work area, and provide training related to workstation setup and safety measures, including ergonomics.

— When appropriate and possible, conduct periodic checks of employee home offices to help identify and eliminate work area safety hazards.

— Set fixed work hours and meal and rest periods for telecommuters. Doing so can help establish whether an injury was “in the course of” employment.

Be Safe My Friend.

Keven-Moore_10221

Keven Moore works in risk management services. He has a bachelor’s degree from University of Kentucky, a master’s from Eastern Kentucky University and 25-plus years of experience in the safety and insurance profession. He lives in Lexington with his family and works out of both the Lexington and Northern Kentucky offices. Keven can be reached at kmoore@roeding.com.


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