2018 Workers Compensation Newsletter - Second Quarter

If an employee (“telecommuter”) who works primarily from home is injured while performing a task related to his or her job duties, is the injury compensable even though the event occurred in the employee’s home?

 

Yes, in Missouri, so long as the employee meets the burden of proving the injury “arose out of and in the course of” employment then injuries suffered at home would likely be compensable depending on the specific facts of the accident.  At this time in Missouri, there is little case law or distinction for “telecommuter” employees; therefore, their injuries are analyzed under the same applicable law that is applied to other employees injuries which happen in a separate workplace location. Please see memo here.