Ohio’s HB 447 Clarifies Work-From-Home Comp Claims
https://legiscan.com/OH/text/HB447/2021
House Bill 447 would set specific criteria that must be met by the claimant when a workers’ comp claim is filed by a remote worker. If passed, all three of the following requirements must be met by the claimant: the injury must arise out of their employment, caused by a special hazard of their employment, and be sustained in the course of an activity performed exclusively to the benefit of the employer. All of these conditions must be met for the claim to be considered compensable. The current law doesn’t truly differentiate between injuries sustained at the employer worksite from injuries sustained while working from home, which isn’t effective considering 30% of Ohio’s workforce is now remote.
If passed by Ohio’s Senate, the bill will help prevent frivolous claims from remote employees, like this Florida claims adjuster who tripped over her dog while reaching for coffee. https://www.businessinsurance.com/article/20190408/NEWS08/912327749/Trip-over-Shih-Tzu-dog-not-covered-by-workers-compensation-Florida-court
This bill seems to be interpreted differently depending on which side of the fence you’re on. Labor relations advocates feel it will prevent employees from filing a claim if they’ve suffered a work-related injury as a remote worker. You have to read HB 447 in its entirety to see that’s simply not the case. This will still allow for valid, genuinely work-related claims to be filed and compensated – provided the same criteria are met as would be required for an employer worksite injury. Most importantly, this bill spells out what will not be considered an injury when working remotely, which employers have been requesting for years. Being on the clock shouldn’t be mutually exclusive with compensability for a workers’ comp claim. If the language in this bill feels familiar, that’s because it’s very similar to the “coming and going” rules created by judicial precedent. While HB 447 will be a boon for employers in terms of not getting stuck with claims costs on remote worker injuries, there will still be gray areas. That’s where your TPA should shine, and educate you on the applicability of these laws to your specific claims. This bill has passed the House, and will soon move to Ohio’s Senate, and we’ll be sure to keep you updated on its status. You can always reach out to your team at Spooner and Surety at 440-249-5203.
