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Remote Work and Workers' Comp: California Attorney Explains Who's Responsible When Employees Get Injured at Home

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Posted: 8th December 2025
Jacob Mallinder
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As remote work becomes a permanent fixture of modern employment, a critical question is emerging in California workers' compensation law: who is responsible when someone gets injured while working from home?

Edward Morgan, a Senior Trial Attorney at Downtown LA Law Group in Los Angeles, says many people have outdated assumptions about workplace injuries. "It's easy to assume workers' compensation laws only apply to accidents in offices, warehouses, or construction sites," Morgan explains. "But legally, an employee's 'workplace' is anywhere they perform their duties for the benefit of their employer—including their living room, kitchen, or backyard patio."

According to Morgan, who represents clients in personal injury and workplace injury cases throughout California, this reality is creating a gray zone for both workers and companies trying to understand where liability begins and ends.

When Your Home Becomes the California Workplace

California's workers' compensation laws are designed to cover injuries that arise "out of and in the course of employment." Morgan emphasizes that this standard doesn't vanish when the commute disappears.

"If an employee trips over a laptop cord during work hours, develops carpal tunnel from prolonged computer use, or suffers back pain from an employer-required setup, the injury may still qualify for benefits, even if it happened in a home office," he notes.

The challenge, Morgan explains, is proving that the injury was genuinely work-related. "In an office, there are witnesses, security cameras, and a clear timeline. At home, evidence often depends on self-reporting." This makes documentation, routine check-ins, and clear work-hour definitions more important than ever.

Why California Employers Should Care About Remote Work Injuries

Employers may assume that allowing remote work reduces risk, but Morgan warns it can actually expand it. "When the home becomes a worksite, so do its hazards: unsafe furniture, cluttered walkways, poor ergonomics, or lack of proper lighting," he says. "If an employee can show that an injury occurred while performing job duties, the employer may still be responsible for workers' compensation coverage."

This is why some California employers are responding proactively. "They're offering stipends for ergonomic chairs and desks, setting digital boundaries around work hours, and training managers to spot early signs of strain or overwork," Morgan notes. "Simple preventative measures can drastically reduce claims and demonstrate good faith if a dispute arises."

The Gray Areas in California Workers' Comp for Remote Workers

Not all cases are straightforward, according to Morgan. The Downtown LA Group attorney offers a common scenario: "Suppose an employee takes a short break during the workday to do laundry and slips. Is that compensable?"

Courts in California have generally said yes, the attorney explains, if the activity is considered a minor deviation from work and occurs during the normal work period. "But if the employee was, say, gardening or exercising during personal time, the connection to employment weakens."

However, the remote work environment blurs these boundaries. Disputes often come down to timing, intent, and credibility. As the remote workforce grows, these cases are likely to increase, and with them, the need for clearer policies and documentation.

What California Employees Can Do to Protect Themselves

Morgan offers practical advice for workers: "Workers can protect themselves by creating a dedicated workspace, reporting hazards promptly, and seeking medical attention right away if an injury occurs."

He adds that if a workers' compensation claim is denied, consulting an attorney can help determine whether the employer or insurer misapplied California law.

Modern California Workplaces Need Modern Protections

California's workers' comp system was built for a different era, yet its core principle still applies: employees shouldn't have to bear the cost of injuries that occur in the course of doing their jobs.

According to the Downtown LA Group attorney, remote work has fundamentally redefined what the "workplace" means. "The law is catching up, but responsibility and prevention remain shared," he says. "The safest work environments today aren't just the ones built from concrete and steel. They are the ones built on clarity, accountability, and care."

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About the Author

Jacob Mallinder
Jacob has been working around the Legal Industry for over 10 years, whether that's writing for Lawyer Monthly or helping to conduct interviews with Lawyers across the globe. In his own time, he enjoys playing sports, walking his dogs, or reading.
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