Telecommuters have the same protections as employees working in the organization’s office. If an injury arises out of and in the course and scope of employment, the employee is eligible for workers’ compensation. However, it may be difficult to determine if a telecommuter’s injury occurred in the course and scope of employment.

It is important to consider the following issues when determining liability:

• The activities that are considered part of the job scope and therefore covered by workers' compensation.
• The regularity with which work is performed at home.
• If the home office is being used for the employee's convenience rather than as an employer requirement.
• If there is business equipment and a designated workspace in the home.

An employer that provides opportunities for employees to work part-time or full-time at home must be willing to recognize that the employer may be responsible for workers’ compensation benefits if an employee falls in their own house while, arguably, engaged in work.

Under most circumstances, an employee is not covered for an injury while traveling to or from work. However, the situation may be different when the employee works off-site, as with a telecommuter. An injury occurring while traveling between work and a home office would likely be considered compensable. Given the nature of the changing work environment, it will likely become more common for injuries at home to be treated as work-related injuries. The home is becoming an extension of the workplace, and the line between the two is becoming blurred.