Mobile Technology and Workers Compensation
Workers compensation is paid to employees who are injured in the course of employment. Workers’ compensation eliminates the right of the worker to sue for compensation through a personal injury claim, and instead, requires the employer to pay medical expenses, rehabilitation costs, and wage loss compensation. If the worker dies from their occupational disease or workplace injury, the company will also pay beneficiary benefits or death benefits to surviving family members.
Traditionally, workers compensation benefits have only been paid to employees who are engaged in work-related activities, but according to a recent Insurance Journal report, the increased usage of company issued portable electronic devices such as cell phones, laptops, BlackBerries, and iPads, has changed the traditional notions of “work-related” injuries.
The article quoted Charles Martin, the head of the claims consulting practice for global insurance broker Marsh about the issues, “It used to be easy, working 9 to 5. We knew what everything was about, we knew what workers’ comp was, we knew what compensability was. Things have changed.”
Workers compensation experts have begun to advise employers on the risk associated with these devices and have suggested that companies begin to restructure and outline methods, rules and regulations which should be implemented to eliminate the risk of injury.
Maureen McCarthy, Liberty Mutual, manager of Workers’ Compensation and Managed Care, adds, “When I started working a few decades ago, things were pretty simple. You went to an office, a physical location. You had to go there. Your work was there, your file cabinets were there, and your boss was there. Conference calls were unheard of. The workplace was very different. Everything was very much defined. Typically you would have a time period within which you had to be there.”
McCarthy has hit on the crux of the issue. Workers compensation has always been paid to workers who were engaged in work activities but who generally worked in a centralized facility or building. Employers had more control to ensure the work surroundings were safe.
What about the woman who is answering calls while she is driving or the man who is walking down the street texting his boss? If either of these workers is injured, are they eligible to receive workers compensation for their injuries? What about the 17.2 million people who are currently working from home or the millions more who work in their cars, bars, restaurants, parks or airports?
The article also addressed the issue of why we are seeing an increase in non-standard work hours. The article suggested that workers have increasingly felt like they must be available for their employers or clients 24/7, including on vacations or sick days.
Employers claim they do not mandate this dedication to the job. McCarthy, who completed her own research, stated that most of the extra effort was “self-imposed”, although she admits employers may be sending their employees a “mixed message” by distributing electronic devices to the worker which makes them feel like they need to be available, even when they are “off-duty”.
So are these workers due compensation for work injuries which occur when they are off-duty or off the premises? According to Insurance Journal, case law has not fully defined how the courts will rule, giving employers time to outline their own rules and regulations. Some experts suggest that employers should create contracts with their employees which outline the rules and scope of safe technology usage.
Employers also have to accept that if they want employees to increase their productivity, there may be some higher risks. One risk manager concluded that the company will have to evaluate when productive was healthy and when it unhealthy.
McCarthy compared the mobile device issue to another issue facing companies 20 years ago before companies had clearly defined their policy on company sponsored activities.
“After some very horrible accidents, employers quickly understood that they needed to clearly distinguish between what events were sponsored by the company and what events were not sponsored by the company. They also had to be very clear to not implicitly or explicitly support an activity that was being organized by a subgroup within the office,” McCarthy said.
A crack-down on mobile devices may also be in our future as companies realize that the increased risk is not worth the increased productivity. Changes may happen long before the law mandates them.
If you have been involved in a workplace accident and you have suffered injuries, contact a workers’ compensation lawyer. Although many work comp claims are simple and may be settled without legal help, you may need a work comp lawyer if you have severe or permanent injuries or if your employer is refusing to offer fair compensation for your workplace injury.
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