Worker’s Compensation for Remote Workers

In both Massachusetts and New Hampshire, worker’s compensation provides a way for injured employees to get medical care and replacement income without having to prove the employer or a third party was responsible for their injuries. This system has benefits for both employers and employees, letting the employer off the hook for potentially much higher cost of personal injury litigation and giving the employee easier and quicker access to the benefits they need.

Well there are some exceptions, worker’s compensation benefits are generally available in any circumstance where an employee is injured on the job, regardless of fault. That’s true for remote workers as well as those who work on company premises or who are out making deliveries or working on third party job sites.

However, the circumstances of working at home can present some special challenges in pursuing a worker’s compensation claim. If you are a remote worker who has suffered an on-the-job injury, it is important that you talk to an experienced local worker’s compensation attorney as soon as possible.

The Rise of Remote Workers

The number of remote workers in the United States has risen significantly across the past five years. in addition, the number of companies offering hybrid roles instead of fully on-site roles has climbed. According to staffing giant Robert Half, more than 30% of new job openings in Massachusetts in 2025 are for hybrid roles.

Remote work can offer advantages to both employees and employers. Employees save time and money on commuting, can make better use of break time, and may even be able to save child care costs for kids who are old enough not to need constant supervision but not quite old enough to leave home alone entirely. Employers can save a significant amount of money by reducing office space and saving on furniture, equipment, utilities and other operating costs.

Obviously, as the number of people working remotely increases, so does the prevalence of on-the-job injuries that happen in the employee’s home.

How are Remote Worker Injuries Different? 

Remote worker injuries are subject to the same standards as those that occur on the employer’s premises or on a third-party work site. Complications that arise with remote work worker’s compensation claims have more to do with practicalities than rules.

Injured workers are generally encouraged to report injuries to their supervisors as quickly as possible. There are many reasons for that requirement, but one is simply that a delay can make it difficult for the company to verify when and how the injury occurred. That problem is aggravated when the employee is working from home.

A remote worker is often working alone in the house, and even when there are others present they are not co-workers or supervisors. It may be difficult to document that the employee was engaged in work activities or activities incidental to work activities at the time the injury occurred. 

Evidence in Remote Work Injury Cases

While an injured worker does not have to prove the employer was in some way responsible for the injury in order to collect worker’s compensation benefits, the worker does have to show that the injury is work related or occurred on the job.

How easy or difficult that is may depend on the structure of the remote work arrangement. The more flexibility the worker has and the more autonomously they work, the more challenging the process may be. For example, some remote workers have fixed work hours during which they are required to be at their phones and computers. In that situation, it may be easier to demonstrate that an injury occurred during work. However, some have the flexibility to complete their work on their own schedules or vary schedules from day to day. In that case, more evidence may be required to show that the injury occurred while the employee was working.

Similarly,  technology that tracks work time can feel intrusive to work at home employees, but in a situation involving a work injury could be just the documentation required to show that the injury occurred while they were engaged in duties for their employer.

Of course, every case is different. Your employer may or may not challenge the claim that you were working when you were injured. And, you may or may not have ready documentation regarding when and how the injury occurred and what you were doing at the time. The type of evidence required will vary depending on the systems your company uses, your work schedule,  the injury you suffered and the type of work you do.

However, it is reasonable to expect more pushback from your employer and/or their worker’s compensation carrier in a remote work injury case. Therefore, it is in your best interest to get advice from an experienced local worker’s compensation lawyer as early in the process as possible. You can schedule a free consultation with Attorney Kevin P. Broderick right now by calling 978-459-3085 or filling out our contact form.