Remote Work Liability in Texas: Who’s Responsible When Accidents Happen at Home?
As remote work becomes the norm across Texas, legal questions around workplace injuries at home have taken center stage. If you’re working from home and suffer an injury, can you still qualify for workers’ compensation? What’s the employer’s responsibility? Here’s what Texas workers and businesses need to know.
Are Remote Work Covered by Workers’ Compensation in Texas?
Yes—remote workers can be eligible for workers’ compensation benefits in Texas, provided:
-
The injury occurred during work hours.
-
The task performed was job-related.
-
The injury happened in the course and scope of employment.
Texas law doesn’t automatically exclude at-home incidents, but proving the injury was work-related can be more challenging.
Common At-Home Work Injuries
-
Slips and falls (e.g., tripping on cords)
-
Ergonomic injuries (e.g., carpal tunnel from poor workstation setup)
-
Electrical shocks
-
Mental health conditions caused by work stress
What Employers Are Responsible For
Even though Texas does not mandate employers to carry workers’ comp coverage, many choose to do so to protect both themselves and their employees. Employers may be liable for injuries if:
-
The home workspace was approved as a remote site.
-
There was a known hazard related to work.
-
No training or safety guidelines were provided.
Employers should consider implementing remote work policies that address ergonomics, safety, and reporting procedures.
What Remote Employees Should Do After an Injury
-
Report the injury to your supervisor as soon as possible.
-
Document the incident, including photos and witness statements if applicable.
-
Seek medical care and keep all records.
-
File a workers’ compensation claim, if applicable.
-
Consult an attorney if your claim is denied or disputed.
Can Employers Be Sued for At-Home Injuries?
It depends. If an employer opts out of the workers’ comp system, they could be exposed to personal injury lawsuits. However, proving employer negligence in a home setting can be difficult without proper documentation.
Tips to Reduce Remote Work Liability
For employers:
-
Provide ergonomic guidelines.
-
Offer stipends for home office equipment.
-
Create a clear policy on hours and tasks.
-
Conduct periodic safety check-ins.
For employees:
-
Set up a safe, designated work area.
-
Follow company guidelines.
-
Keep a log of work activities and hours.
Final Thoughts
The workplace may have changed, but legal responsibilities remain. Whether you’re an employer or employee in Texas, understanding remote work liability is essential to staying protected and prepared.