Recently, H.B. 447 was introduced in Ohio that would exclude workers compensation injuries that occur while working from home, unless certain conditions are met. The bill is currently in review by the House Insurance Committee, but if passed into legislature Ohio work from home injuries would only be compensable if all of the following conditions are met:

• The injury or disability arises out of the employee's employment; 
• The employment necessarily exposes the employee to conditions that substantially contribute to the risk of injury or disability; and 
• The injury or disability is sustained in the course of an activity undertaken by the employee for the exclusive benefit of the employer.

For example, an employee works for a vending machine company that allows employees to take home the plastic containers and fill them with toys that go into the machines. While working with the plastic containers one breaks and slices the palm of the employee. The employee needs treatment, antibiotics, and cannot use both hands for a week while the injury heals. This would be a compensable claim. 

Another employee is an office worker who works on the computer and is working from home. While making lunch, the employee trips over the cat, spraining his ankle. This would not be compensable under this Ohio law. 

While we are unaware of any other state(s) taking such action, the determination of court cases in several states indicate that the worker's injury must be directly impacted by the worker's employment activities to be compensable.