Legal and safety considerations for hybrid workers

The growing popularity of hybrid work schedules has many employers wondering about the workers’ compensation and safety implications.

There are some important legal and workplace safety considerations to be aware of if you have employees who work both remotely and on-site.

Injuries at home

Workers’ compensation coverage extends to hybrid employees whether they are working remotely or on-site at your office.

Overall, an employee’s injuries are usually compensable if they happen during the actual performance of work, and they are sustained during normal working hours. However, the presumption of the injury being work-related is what sets remote office work apart from injuries sustained on-site at an employer’s office.

In most cases, an employee injured in their home or remote office has the burden of proof, which means they must be able to document that their injury occurred within the course and scope of employment.

Personal comfort needs

Injuries that occur while meeting personal comfort needs are typically compensable whether an employee is working on-site or remotely. These can include injuries that happen while taking bathroom breaks, coffee and meal breaks, or other similar comfort tasks.

That does not extend to injuries suffered by employees working at home while they take breaks to complete personal life and home-related tasks such as caring for a child, carrying personal items up and down stairs, or doing housework. In those cases, compensability is determined by an investigation into whether the activity occurred in the course and scope
of employment.

Commuting to work

The “coming and going rule” typically applies to employees commuting to work. Under this rule, workers’ compensation benefits generally do not cover vehicle accidents or injuries that happen while employees are driving to and from the employer’s on-site location because they aren’t providing a service to the employer during that time.

There are some exceptions that make it possible for an injury to be compensable when sustained during a commute to or from a workplace. For example, if the employee is required to drive their own vehicle to the office to use during their workday or for business travel, or if the injury occurs while an employee is running a work-related errand or operating a company-owned vehicle, it could be compensable. Careful analysis of the facts will help determine compensability.

Reporting injuries

No matter the circumstances, it’s important to report all injuries that occur during or around work hours whether they occur at an on-site location or the home office. Report injuries right away and let your workers’ compensation carrier determine compensability.

Setting expectations can help your hybrid workforce understand their role in safety and injury reporting. It helps to create a policy that clearly defines the terms and conditions of hybrid work activities and settings.

When injuries do occur, employers should promptly document in detail exactly when and how the accident occurred, and what the employee was doing before, during, and after the injury.

Remote work safety

The most frequent types of injuries we see among hybrid or remote workers are cumulative injuries that are usually a result of poor ergonomics at their remote workstation, and slips, trips, and falls.

An employer can manage ergonomics and reduce common hazards in an on-site office; however, the maintenance of the workspace shifts to the employee when they are setting up an office at home, so stressing the importance of good office ergonomics and good office housekeeping are important steps to providing and maintaining work safety for the hybrid employee.

Desk work completed in a home office may be lower risk for workplace injuries than other occupations, but it’s still important to talk about safety with your office employees, and to help your hybrid employees understand their role in home-office safety. We offer office-specific trainings and resources on our website at sfmic.com/safety/office.

Loss prevention insight from the experts

This article was adapted from our Loss Prevention 101 webinar. The full recording is available on our webinar page.

Preventing work injuries can save you money, time and stress, but those aren’t the most important reasons to establish a strong workplace safety program.

“Always remember that at the center of every workers’ compensation claim is a person and an injury can interrupt their life, their family, their hobbies, and more,” said SFM Loss Prevention Specialist Mike Fetting. “It’s important not to lose sight of that fact.”

In addition to the impact to the employee, work injuries can lower morale among coworkers and increase workers’ compensation premiums.

The only controllable item in an organization’s workers’ compensation premium cost is its experience modifier (e-mod) which is directly impacted by claim costs and severity. When a claim happens, it affects the company’s e-mod for 3 years.

If your claim history is about average among similar businesses, your e-mod will be 1.0. Each claim that results in a cost has the potential to increase your e-mod above 1.0, meaning worse than your peers, which directly increases the premium amount you pay. The lower your e-mod is, the less you pay in premium.

Hazard assessments and developing controls

Every safety program should include an ongoing process to identify workplace hazards, including anything within the scope of a job duty that could cause physical or mental harm to employees. For example, loud noise levels, wet floors or cracks in the parking lot could all be workplace hazards.

Depending on where employees are working, hazards could exist inside, outside, on a jobsite or even over the road, said SFM Loss Prevention Specialist Dana Mickelson.

Hazards can arise from materials, equipment, tools, or machines used by employees or within the workplace. They can even arise from people such as outside contractors, employees who create unsafe conditions for others, or supervisors who do not correct unsafe issues.

There are several assessment methods that safety and loss prevention leaders can use to identify hazards:

  • Identify loss history trends. For example, if an organization had 10 injuries last quarter and five are slips and falls from a wet floor, that should be a good indication to focus on slips and falls. Even if there aren’t any trends, employers can still use loss history to determine which jobs or areas to focus on.
  • Use other records to find risks and hazards to focus on. Examples include inspection reports, data safety sheets and job hazard analysis.
  • Complete inspections. Inspections can be done by a member of your safety committee, an employee, a supervisor or other leader, or a third party. They should also be completed after incidents occur as part of the investigation process. We recommend performing inspections periodically at different intervals, such as daily, monthly, or annually, depending on the hazard.
  • Conduct investigations. Injuries and near misses should always be investigated. The steps of an investigation include collecting facts – who, what, when, where and how – and then analyzing the facts to determine the root causes. Once the root causes are identified, decide what corrective actions to take for each root cause.
  • Have discussions. Ask employees about their safety concerns because they know and understand their job the best. Consider developing a safety committee consisting of different disciplines and departments to discuss hazards. During the discussions, think about potential emergency situations, and routine and non-routine tasks, such as those completed only once a year.

Prioritize the hazards identified

Some hazards will have easy fixes or can be corrected on-the-spot, but if there are several hazards without quick fixes, use a risk matrix to help you prioritize. A risk matrix is a grid where you plot likelihood of occurrence on one axis, and severity on the other.

First, determine the likelihood that an incident or event will occur based on a numeric scale – for example, one represents the lowest likelihood and four is the highest. Then, determine the severity if an incident or event were to occur, with one being low severity and four being catastrophic. For example, if you determine a hazard has a likelihood of three, and a severity of two, that is a medium-high risk hazard and should be given higher priority than the low-risk and medium-risk hazards.

Risk matrix: Use a risk matrix to help you prioritize which hazards to address first

Hierarchy of controls

After prioritizing hazards, determine what controls (i.e., corrections) to put in place. There are several options, and some are more effective than others. These options, ranked from most effective to least effective are:

  • Elimination: Physically remove the hazard
  • Substitution: Replace the hazard
  • Engineering controls: Isolate people from the hazard
  • Administrative controls: Change the way people work
  • PPE: Protect the worker with personal protective equipment

Hierarchy of controls from most effective to least effective: 1) Elimination: Physically remove the hazard. 2) Substitution: Replace the hazard. 3) Engineering controls: Isolate people from the hazard. 4) Administrative controls: Change the way people work. 5) PPE: Protect the worker with Personal Protective Equipment

There will most likely be several controls for each hazard. Some controls will be an immediate fix, and in most cases, you need to determine controls that will result in improved and sustainable corrections.

Finally, implement the controls. Develop a plan to document progress and set accountability. The plan should include the hazard, controls, target due dates, who is responsible for implementation, and a completion date.

Keep in mind that performing assessments and determining and implementing controls is a continual, repeated process.

To learn more about building and maintaining your safety and loss prevention program visit the safety tab on our website. You can also reach out to your SFM contacts.

Supporting injured employees’ mental and emotional health

When we think about work injuries, it’s natural to focus on the physical impact to the employee. But an employee’s mental and emotional health can also suffer due to life changes surrounding the injury.

Employees who are off work due to their injuries may feel worthless or lonely. They may be unable to do activities they used to enjoy such as sports or playing with kids. They may not be able to do their usual household work, causing family relationships to suffer.

As an employer, you can play an important role in helping an injured worker maintain their mental health. Read on to learn how.

Show care and concern

One basic and important thing employers can do for injured workers is to show care and concern for their health and well-being. This can come in the form of sending notes, text messages, emails, or even flowers to let them know you’re concerned about their health and wish them a full and speedy recovery. If they’re off work due to their injury, check in often so they know they are not forgotten and that you’re looking forward to having them back. Look for opportunities to help them maintain their social connections with coworkers. Injured workers may be nervous that they will be replaced, and won’t have a job to return to, so it helps to reassure them that this is not the case.

Point to support resources

Sometimes the mental health challenges workers are facing may require the help of a trained professional.

Knowing this, you can make your employees aware of any resources your company offers, such as a wellness program, health insurance benefits or an employee assistance program (EAP).

The Centers for Disease Control and Prevention (CDC) calls employee assistance programs one of the most effective ways to support employees with depression or other mental health problems. Employee assistance programs also offer managers’ assistance lines, which leaders and supervisors can access for guidance when one of their employees is experiencing difficulties.

Support return-to-work

Bringing employees back to work as soon as their doctor will allow it demonstrates your commitment to them and their recovery. It helps alleviate worries about losing their job and gives them a way to feel productive and connected.

This may require providing light-duty work to accommodate medical restrictions. Be sure that supervisors are aware the returning employee will have limitations, so they are welcoming and understanding toward the worker.

Emphasize positive relationships with employees

At all times, regardless of whether an employee is injured, provide a work environment where employees feel valued by their supervisors and the company. Place an emphasis on positive work relationships.

In the event of an injury, the employee will be less likely to worry, and more motivated to return to work.

In the rush of covering for an injured employee, it can be easy to lose sight of the employee’s needs. But taking even a little time to reach out and offer support can make a big difference in your employee’s mental health and recovery.

Bob Lund Scholarship invests in future insurance leaders

Bob Lund
SFM Former CEO Bob Lund

Earlier this year, SFM established a new scholarship program designed to identify and support future leaders and introduce them to rewarding careers in the insurance industry. The Bob Lund Scholarship is named for SFM’s former CEO, who is widely known for his service to the field of insurance and his continuing passion for making the world a better place.

The group of SFM employees behind this effort, known as the Insuring the Future Committee, chose to partner with Wallin Education Partners . This Minnesota-based nonprofit has an established history of connecting students in need with the support they need to succeed in college and beyond. The Wallin scholarship program is committed to supporting students from historically underserved communities and eliminating barriers for groups that are underrepresented in business leadership roles (see page 100 of the 2022 Wallin Scholarship Yearbook where the SFM program is detailed).

“We decided to partner with Wallin because not only do they facilitate the scholarship and help us find a student, but they also provide support to students in the program throughout their college career,” said Insuring the Future Committee chair Carl Gruber. “They’re committed to supporting their students and helping them succeed.”

Meet the first Bob Lund Scholar

Van Nguyen (photo), Robbinsdale Cooper High School, University of Minnesota - Twin CitiesThe inaugural Bob Lund Scholarship recipient, Van Nguyen, started this fall at the University of Minnesota – Twin Cities as a first-year student.

The major Nguyen has chosen to pursue is Finance, Operations Management. She graduated from Robbinsdale Cooper High School in 2022, having distinguished herself through both academics and extracurricular achievements. The plan is to award Nguyen a scholarship through all four years of school, as long as she stays compliant with the program’s requirements.

In her scholarship application, Nguyen shared: “I believe that a successful college experience would be being able to find out who you are as you’re developing so many new skills and academic enrichments while learning about your interests.”

In addition to sponsoring Nguyen, the Insuring the Future Committee plans to support a new student each year, aiming to provide scholarships for four students at a time. The committee is also working on starting an internship open to Wallin Scholars.

 

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SFM Foundation holds golf fundraisers, announces new scholarship and fall event

The SFM Foundation started out in 2008, with a mission to ease the burdens on families affected by workplace accidents. Fourteen years and three million dollars later, SFM Foundation scholarships are changing lives by making college possible for students in need.

In May, the Foundation’s annual Iowa golf event saw record turnout and received rave reviews from participants. The Foundation’s Minnesota golf outing in June has become one of the largest charity golf tournaments in the state, and this year’s event did not disappoint! These annual Golfing for Scholarships tournaments are the primary source of fundraising for the scholarship fund, and support from the community has never been stronger. Combined, this year’s golf events raised approximately $325,000 for the Foundation’s scholarship program.

This fall brings yet another opportunity to support the Foundation, with the popular live fall fundraising event returning to the calendar in November. The in-person event is scheduled for Thursday, November 10, at the Westin Edina Galleria in Edina, Minnesota, near SFM’s Bloomington headquarters. The live event will feature wine and craft beer tasting, a silent auction, raffles, shopping, appetizers and more. The Foundation is also planning a virtual silent auction November 7-10. Visit sfmfoundation.com to learn more about these fun ways to support a great cause.

Since its inception in 2008, the Foundation’s scholarships have helped 216 students pursue higher education, including the 13 new recipients announced this summer. Generous support from event sponsors and donors over the years has allowed the Foundation to grant scholarships totaling more than $3.2 million.

The SFM Foundation provides scholarships for students whose parents were seriously injured or killed while working for Minnesota or Iowa employers. SFM Foundation is an affiliate of Kids’ Chance of America in Iowa and Minnesota, and is also known as Kids’ Chance of Iowa. To learn more about the cause, visit sfmfoundation.com .

 

SFM Foundation Kids' Chance of Minnesota and Iowa logo

 

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