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Workers’ Comp for Remote Employees Based in the U.S. [Guide]

Highlights 

  • Navigating U.S. workers’ comp is crucial for international companies hiring remote workers. 
  • Remote employees are covered by the laws of their state of residence for workers’ compensation. 
  • Simplify U.S. remote hiring with Lightsource Global‘s EOR services for compliant workers’ comp. Contact us today! 

When international companies hire in the U.S., they must familiarize themselves with a maze of employment laws and regulations. Grasping the nuances of workers’ compensation for remote employees, mandatory in most U.S. states, is a crucial aspect to address. 

Workers’ compensation protects your employees and your company in the event of a work injury or illness. Let’s explore how it works for businesses with a remote U.S. workforce. 

Workers’ Compensation: The Basics 

Workers’ compensation is a form of insurance that provides financial support, including replacement income and medical benefits, to employees who experience work-related injuries or illnesses. This system ensures employees receive proper compensation while protecting employers from legal liability. 

Nearly all states require employers to carry workers’ compensation insurance for their employees, whether they work onsite or remotely. 

While Workers’ Compensation Provides Essential Protection for Work-Related Incidents, a Safe Workplace Relies on Proactive Safety Measures

How It Works for Remote Employees 

Remote workers are covered by workers’ comp under the laws of the state in which they reside, regardless of where the company is headquartered or where their work is performed. 

For global companies hiring remote U.S. talent, this means you must ensure compliance with the workers’ compensation laws in every state where you have remote employees. 

Staying compliant involves paying premiums for insurance coverage but also following specific reporting and claims procedures in the event of a work-related injury or illness. When filing a workers’ comp claim, remote employees must provide evidence that the incident occurred during a work-related activity. 

Even though requirements and coverage vary across states, workers’ comp for remote workers typically covers: 

  • Reasonable and necessary medical treatment 
  • A portion of lost wages if the remote employee is unable to work due to a work-related injury or illness 
  • Benefits for surviving beneficiaries in the event of a work-related fatality 

Certain states require employers to obtain workers’ compensation insurance from state-run funds, while others allow for private insurance carriers. The premium rates and how they are calculated can also vary, making it challenging for companies to estimate a budget for these expenses. 

Failure to comply with workers’ comp requirements can lead to costly penalties, fines, and the risk of leaving your remote employees without adequate protection. 

Do You Need Workers Comp for Independent Contractors​? 

Companies are not required to provide workers’ compensation for independent contractors.  

Workers’ compensation laws are designed to protect employees who are under the direct control and supervision of an employer. Since independent contractors operate more independently, they are generally responsible for their insurance, including health insurance and, if they choose their own form of accident or disability coverage. 

However, classifying employees accurately is crucial. Misclassifying an employee as an independent contractor carries significant risk, leading to penalties and the obligation to provide back pay for benefits, including workers’ compensation. 

Best Practices for Remote Workforce Safety 

The peace of mind that comes with knowing your remote workforce is protected is important. But prioritizing safety starts with proactive measures. Here are some best practices to implement: 

  • Encourage employees to set up an ergonomic workstation with proper lighting, comfortable seating, and appropriate desk height. 
  • Prioritize training programs that educate remote workers on proper posture, stretching exercises, and techniques for lifting and handling equipment safely. These preventive measures can reduce the likelihood of musculoskeletal disorders and repetitive strain injuries, commonly associated with sedentary work. 
  • Emphasize the importance of taking regular breaks. 
  • Address mental well-being and stress management. 
  • Provide guidance on maintaining a clutter-free and organized workspace to minimize trip hazards and fire risks. 

Simplify Your U.S. Remote Hiring with Lightsource Global 

For international businesses, hiring remote employees in the U.S. presents unique challenges, particularly when it comes to complying with employment laws across different states. 

Understanding and managing these legal requirements can be time-consuming and require specialized knowledge. That’s where Lightsource Global steps in. As an Employer of Record (EOR), we specialize in helping companies hire remote employees in the U.S. 

As the legal employer for your remote workers, we take on the responsibility of managing payroll and benefits, while ensuring full compliance with state-specific requirements, such as workers’ compensation. 

Ready to expand your business confidently? Contact us to learn how we can help you stay compliant as you grow your remote workforce. 

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