Remote Work and Workers' Compensation: A Guide for Minnesota's Workforce

Workers' compensation laws were initially designed for traditional workplace settings. However, with the rise of remote work, the definition of "workplace injuries" has expanded. In Minnesota, an injury or illness "arising out of and in the course of employment" is eligible for compensation, regardless of the location in which it occurred. This coverage includes injuries sustained while working from home – provided they are directly related to the performance of work duties.

In Minnesota, a remote employee can be compensated for various at-home injuries. Examples include:

• Physical injuries from a slip and fall accident that occurred during work hours
• Ergonomic injuries due to improper desk setup
• Stress-related conditions exacerbated by work activities that lead to severe mental health complications (or even physical maladies)

The critical factor for compensation is proving the injury is directly related to the work performed and occurred in the course of employment, even if it happens at home.

One of the primary challenges for remote workers seeking workers' compensation is proving that an injury was work-related. Unlike in a traditional office, there's no employer oversight or independent witnesses at home, so it could easily become a case of he said, she said.

This reality makes documenting and reporting any injuries more crucial than ever. Remote workers should immediately report any injury to their employer and seek medical attention. By verifying your injuries with a doctor, you can create a paper trail for the injury, making it harder for an employer or its insurance company to argue the injury was exaggerated or unrelated to your work.

It is also a good idea to contact an attorney who specializes in workers’ compensation. Your attorney will advise you on how to document the injury and what you should say—and not say—when talking to your employer or an insurance company.

Employers must adapt their risk management strategies to accommodate remote workers in this changing economy. This includes: 

• Developing clear remote work policies. That means outlining what is considered the "workplace," setting specific work hours and specifying safety guidelines.
• Sometimes, an employer may need to facilitate assessments of home workspaces to ensure they meet safety standards.
• An employer should always provide the appropriate training and resources to allow workers to do their jobs as safely and efficiently as possible.

All Minnesota workers begin filing a workers' compensation claim by notifying the employer. It's crucial to provide detailed information about the injury and how it occurred during work activities. Employers are then responsible for reporting the injury to their workers' compensation insurance carrier.

We recommend contacting an attorney as early as possible during this process. It’s easy to say the wrong thing – even a minor slip-up could make it harder to pursue fair compensation later on. Your attorney will advise you on communicating with your employer and any other parties involved.

As remote work becomes a staple of the modern workforce, legislation and workplace policies will continue evolving. Changes may include new regulations that address the unique challenges of remote work, from mental health issues to ergonomic injuries. At SiebenCarey, we will continue monitoring these changes to ensure that you remain current on the latest developments.

Understanding your rights and responsibilities as a remote worker is crucial. However, employers are ultimately responsible for ensuring that they have the right policies in place to protect their workers and compensate them in the event of a work-related injury.

If you are injured on the job, you may be entitled to compensation, and we can help you get it. SiebenCarey is the ONLY law firm with 70 years of experience assisting Minnesotans get the financial support they need after an injury. When you partner with the SiebenCarey team, you’ll get the full benefit of:

• Seven decades of specialized legal experience
• A track record of award-winning successes
• Proven proficiency in both negotiation and courtroom proceedings
• Extensive legal resources
• An entire team of skilled lawyers, paralegals, and in-house investigators
• A strong focus on client communication and care under the “Know Your Rights” initiative

Plus, we provide all our services on a contingency fee basis. That means you won’t owe us a dime unless we win your case.

We’re ready to answer all your questions!