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Are remote employees eligible for worker’s compensation in New Jersey if they are injured during work hours?

Worker’s compensation is a no-fault insurance that employer must carry to cover injuries sustained by its employee in the course of employment. Remote employees are employees that do not work in the traditional office setting. The do not travel to and from work but rather work away from the office. Like in-office employees, remote employees may suffer an accident during work hours. Their concern may be that their injuries may not be covered by worker’s compensation.

Any injured person is eligible for worker’s compensation if: 1) the injured person is an employee; and 2) the accident occurred during the course of employment. An employee under state law is defined as a person who performs a service for an employer for financial consideration. Remote employees perform a service for their employers for a wage even while working remotely. State law establishes that employment begins when an employee arrives to the employer’s place of employment to report for work and ends when they leave the place of employment. For the remote employee, the place of employment may be logging in the computer for remote access to work or beginning to start a work activity wherever the employee is physically located. The remote worker is in the course of employment if he engaged is a designated or authorized employment activity. Therefore, a remote employee injured during work hours while performing a work activity is eligible for worker’s compensation.

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