As remote work becomes increasingly common, the legal landscape for workers’ compensation claims continues to evolve. Many Washington residents now work remotely for employers based in other states, raising important questions about where and how they can file a workers’ compensation claim if they are injured on the job. This blog will provide clarity for remote employees in Washington and their rights under Washington workers’ compensation laws, even when their employer is located out of state.
Applicability to Teleworkers
Under Washington law, telework employees working from their homes in Washington are likely considered Washington workers if their employment meets certain conditions:
Work Performed in Washington:
- Workers’ compensation laws generally apply to those performing their work within the state, regardless of the employer’s location.
- For example, RCW 51.12.010 ensures coverage for workers injured “in the course of their employment” within Washington’s borders.
Employment Relationship Established in Washington:
- If the employer hired the employee while they were in Washington, the relationship often falls under Washington jurisdiction.
- This is supported by RCW 51.08.180, which broadly defines a “worker” as any person engaged in employment under a contract of hire.
Out-of-State Employers Are Not Exempt:
- Employers must comply by establishing a workers’ compensation account with the Department of Labor and Industries (L&I) to cover their Washington-based employees.
Challenges Specific to Teleworkers
Teleworkers face unique challenges, including:
- Proving a Work-Related Injury:
Injuries like tripping over a cable while setting up a work-provided laptop must be shown to have occurred during work hours and while performing job-related duties.
- Employer Compliance Issues:
Out-of-state employers may not realize their obligation to secure Washington workers’ compensation coverage, which can delay benefits. However, injured workers are still entitled to benefits, regardless of an employer’s compliance status.
Examples of Telework Scenarios
Here are some common examples:
Tech Worker Telecommuting from Bellevue:
- A software developer employed by a California-based company works remotely from their home in Bellevue. They develop repetitive strain injuries due to job demands. Since the work is performed in Washington, Washington workers’ compensation laws apply.
Customer Service Representative in Spokane:
- A customer service worker employed by a Texas-based call center works entirely from their Spokane home. They sustain a neck injury from prolonged headset use. Because their work is localized in Washington, they can file a claim under Washington law.
Noncompliance by an Oregon Employer:
- A remote employee in Vancouver, Washington, working for an Oregon company, suffers a back injury while lifting a heavy box of work files. Even if the employer has not registered with L&I, Washington law protects the employee.
Statutes and Rules Applicable to Teleworkers
Washington workers’ compensation laws ensure robust coverage for remote workers. Key statutes include:
- RCW 51.12.120: Covers extraterritorial scenarios, ensuring Washington’s laws apply when employees perform their work in the state.
- RCW 51.08.180: Defines who is considered a “worker,” encompassing remote workers based in Washington.
- WAC 296-17-31009: Explains reciprocal agreements between states for workers’ compensation coverage. However, reciprocity rarely applies to teleworkers permanently based in Washington.
Filing Options in Other States
While Washington law often governs claims for teleworkers in the state, there are situations where filing in another state may be an option:
Oregon:
- A Washington teleworker employed by a company headquartered in Oregon might file a claim there. However, Oregon’s laws often provide fewer protections compared to Washington.
California:
- A remote employee working for a California-based employer could file a claim under California law. However, stricter eligibility requirements or benefit limitations may apply.
Reciprocal Agreements:
- Some states have reciprocal agreements determining where a claim can be filed. These agreements generally prioritize filing in the state where the work occurs.
While filing in another state may be possible, Washington’s laws often provide stronger protections and better outcomes. It is vital to consult an experienced attorney to discuss filing your claim in Washington to maximize your benefits.
Practical Steps for Employers and Workers
For employers and teleworkers, here’s what to keep in mind:
- Employers: Register with L&I and ensure compliance to avoid penalties.
- Workers: Promptly report injuries to your employer and healthcare provider, and file a claim with L&I. If there are disputes or delays, consulting a workers’ compensation attorney is strongly recommended.
Key Takeaways for Remote Workers in Washington
- Remote workers in Washington are likely covered by the state’s workers’ compensation system, regardless of their employer’s location.
- Filing a claim through L&I is a right that ensures access to benefits, even if an employer has failed to meet their obligations.
- Washington’s favorable workers’ compensation laws provide injured employees with strong protections that often surpass those in other states.
Need Help with Your Workers’ Compensation Claim?
Navigating a workers’ compensation claim can be complex, especially when dealing with an out-of-state employer. At Scott & Scott, PLLC, we specialize in representing injured workers in Washington State and fighting to secure the benefits they deserve.
Washington’s workers’ compensation laws often provide stronger protections than those in other states, but taking the right steps early in your claim can make all the difference. Whether you’re dealing with an uncooperative employer, unsure where to file your claim, or just need guidance through the process, we’re here to help.
Call us today at 206-622-2200 or email us at [email protected]. Let our experienced attorneys advocate for you, so you can focus on your recovery while we handle the rest.
