In our post-COVID-19 world, remote work has become a common practice. It is undeniably here to stay as it becomes more and more intertwined with our work culture. As the way we work has changed over recent years, the laws surrounding workers’ rights and workers’ compensation have had to change and mold to our new ways of life.
It is important to stay informed as these changes can affect you and your rights, especially in Nevada where the rate of nonfatal occupational injuries and illnesses is 3.4 which is higher than the national average of 2.7. In this article, I will discuss the workers’ compensation rights that remote employees have in Nevada and how you can ensure your safety while on the job at home.
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What is Considered Remote Work in Nevada?
Remote work is defined as “a flexible work arrangement in which an employee, under a written remote work agreement, is scheduled to perform work at an alternative worksite and is not expected to perform work at an agency worksite on a regular and recurring basis”. Nevada labor laws apply the same to remote employees as they do to on-site employees.
What are the Worker’s Compensation Laws in Nevada?
Workers’ Compensation is a no-fault insurance program that provides benefits to employees who have gotten injured or ill as a product of performing their job duties and protects employers who have coverage at the time of the injury or illness from any additional damages. Minus a few exceptions, every business with one or more employees in Nevada is required to be covered by workers’ compensation insurance. Some benefits that Las Vegas workers can receive include:
- Medical treatment
- Lost time compensation
- Permanent Partial or Permanent Total Disability
Nevada’s Rights to Workers’ Compensation for Remote Employees
Remote employees generally have the same rights that non-remote employees have. To have a viable claim, the injury needs to be within the “course and scope” of employment. This means that if a remote employee gets injured while performing their job duties during work hours that they are getting paid to perform at home, they could qualify for workers’ compensation.
For example, if an employee gets injured from lifting a heavy box of work documents, this could be considered a work-related injury. However if the employee trips over their dog in their home during work hours and sustains an injury, this would not be considered work-related. It gets tricky for remote employees because they need to provide proof that the injury or illness is work-related. The same holds for on-site workers but typically you have witnesses if an injury or illness occurs and it is easier to prove.
How to Stay Safe as a Remote Employee
There are unique risks that come with remote work such as cumulative injuries or slip, trip, and fall injuries. Remote workers often have improper ergonomic equipment that can lead to: carpal tunnel, shoulder stiffness, or back problems. Employers should inspect the home office area to ensure workers have the appropriate gear to limit the risk of these injuries.
What to Do After a Remote Work Injury
If you have a worker compensation claim as a remote employee, it can be complicated to handle. Make sure to document the injury with time-stamped photos or any other proof that would be helpful for your claim. Gathering as much evidence as possible is essential to protect yourself and ensure you receive the benefits you are entitled to.
