Could employers be held liable if employees are injured while teleworking?

If employees are injured while teleworking, they are entitled to file a workers’ compensation claim. Adjudication of that claim is based on the relevant State’s statute.  It is beneficial to have a telecommuting agreement with employees that addresses the home inspection and health and safety issues and clearly states your responsibility in these matters. A training program and accompanying materials should provide information on how to create a safe workplace in the home. Note that the Department of Labor’s Occupational Safety and Health Administration does not conduct inspections of employees' home offices, will not hold employers liable for employees' home offices, and does not expect employers to inspect the home offices of their employees.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 08/31/2011

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