Telecommuting and Workers' Compensation in Wisconsin: Adopting Standards for the Work-From-Home Revolution

Authors

Elliott J. Manuel

Abstract

The modern trend of telecommuting has gained popularity in recent years, with many employees working from home in lieu of reporting to brick-and-mortar offices. Yet the law has failed to keep up with this trend, particularly in the context of workers’ compensation. And with the rise in telecommuting, a rise in workers’ compensation claims for injuries sustained in the home is likely to follow. While the common law provides a framework for resolving telecommuter claims in Wisconsin, this framework invites inconsistent application and fails to abide by the purpose of Wisconsin’s Workers’ Compensation Act. In anticipation of the inevitable rise in workers’ compensation claims for telecommuter injuries, the Wisconsin Legislature must address telecommuter claims in the state’s workers’ compensation statute.

This Comment recommends that the Wisconsin Legislature amend the Workers’ Compensation Act to create clear standards for the compensability of telecommuter injuries. First, this Comment summarizes the history and background of the Workers’ Compensation Act while discussing how Wisconsin courts and the Labor and Industry Review Commission have resolved telecommuter claims. Next, this Comment will explore how telecommuter claims have been resolved in other jurisdictions. Finally, this Comment will analyze how Wisconsin can effectively adopt clear standards for telecommuter injuries and what those standards should require.

Repository Citation

Elliott J. Manuel, Telecommuting and Workers' Compensation in Wisconsin: Adopting Standards for the Work-From-Home Revolution, 107 Marq. L. Rev. 833 (2024).
Available at: https://scholarship.law.marquette.edu/mulr/vol107/iss3/8