In the better late than never category, the General Assembly amended the workers compensation statute, Ohio Revised Code §4123.01(C), to specifically exclude injuries suffered by employees who are working from home unless three factors are met, including a “special hazard.” Effective, September 22, 2022, the new language from House Bill 447 provides in relevant part that:
(C) "Injury" includes any
injury, whether caused by external accidental means or accidental in character
and result, received in the course of, and arising out of, the injured
employee's employment. "Injury" does not include:
. . .
(4) Injury or disability sustained
by an employee who performs the employee's duties in a work area that is
located within the employee's home and that is separate and distinct from
the location of the employer, unless all of the following apply:
(a) The employee's injury or
disability arises out of the employee's employment.
(b) The employee's injury or
disability was caused by a special hazard of the employee's employment
activity.
(c) The employee's injury or
disability is sustained in the course of an activity undertaken by the employee
for the exclusive benefit of the employer.
(emphasis added).
