by Jennifer M. Smith, Esq.

Telecommuting has been on the rise in the past decade. When it is practical, telecommuting is generally perceived as a triple win for the employee, employer and the environment as it helps with employee recruitment, employee retention and less cars on the expressways. Surprising rulings in recent workers’ compensation cases involving employees who work at home, however, may give employers pause on how they handle at-home workers. A recent article in the July 18, 2011 edition of Business Insurance, “Work-at-home Cases Rattle Employers,” discusses two such rulings.

An AT&T manager’s family received benefits when it was found that extensive sitting while working contributed to a blood clot and pulmonary embolism eventually leading to death in the New Jersey case Remner v. AT&T. The employee worked at home three days per week. The medical report revealed that the employee died of a blood clot and pulmonary embolism caused by long periods of inactivity, although other contributing factors were present, including obesity and use of birth control pills. The employer argued the employee just so happened to be working when she died, but her employment did not cause the health problems which resulted in her death. The court found otherwise, determining that sitting for work contributed to the condition that caused the employee’s death.

In a separate case, a claim by a salesperson injured after tripping over her dog while working at home was ruled compensable under workers’ compensation in the Oregon case of Sandberg v. J.C. Penney. As the Business Insurance article points out, although there remains a lack of case law involving workers’ compensation injuries occurring outside the traditional workplace, employers and insurers should expect these claims to rise as the number of employees telecommuting increases. Georgia is no exception. In fact, according to the article “Atlanta Workers Find Ways to Deal with Commute” in USA Today on April 4, 2011, Atlanta has one of the highest percentages of telecommuters in the country.

In response, employers should consider appropriate strategies to reduce their risk for exposure for telecommuting employees. Assessments of at-home work environments and ergonomics prior to allowing the employee to work at home, as well as periodic checks afterwards, are a good idea. Additionally, employers should be sure to communicate to at-home as well as on-site employees the importance of moving about throughout the day to avoid excessive sitting. Offering health insurance plans which encourage health and wellness with preventative health discounts and benefits can also combat these types of claims.