Finance guidance offered to freelancers as WFH risks could cause costly claims - Global Banking | Finance (2024)

By Liam Greene is the Underwriting Manager for Professional and Management Risks at Markel Direct, experts in professional indemnity insurance.

As COVID-19 impacts finances, flexibility and futures, freelancers are also facing hurdles at home that could see them affected by costly client claims.

From technology risks, to delayed projects, ever-changing deliverables and updated contract periods: the pandemic has caused many contractors to face the effect of these changes. But despite the budget cuts and contract alterations, many clients still expect the same results. A dissatisfied client could lead to a negligence claim.

This is just one of many reasons the new normal could cause insurance issues for freelancers who are working from home. In this article, you will find 5 major risks contractors should be wary of whilst conducting business remotely, and how to best avoid them:

  1. Increased pressure whilst working from home
  2. Keeping client data secure
  3. Disruptions between client contracts
  4. Increased risks of cyber attacks
  5. Risk of cancelling insurance cover

Let’s investigate each of these insurance threats in more detail:

Pressure

In the current climate, there is an increased pressure on every worker to be ultra-responsive. In such a climate, it’s easy to slip up and make basic human mistakes.

From emailing the wrong person a confidential file to making a typo in the work you send to a client, these seemingly small errors could see a dispute arise with the client, or even result in a professional indemnity claim brought against the freelancer – particularly if the mistake costs the client money.

It’s useful to list out each action in the process of the work that is being done, however insignificant it may seem at the time, to ensure that all the boxes are being ticked before anything is sent to the client.

Keeping data secure

Freelancers who work closely with client data may be at greater risk whilst WFH, particularly those who already have confidentiality agreements set up. Using personal email addresses or devices can present risk-riddled scenarios in which private data could be stolen.

Whilst contractors are not working on the client network, they will most likely be using their personal emails to send client data. This could become a data security issue if the email account is compromised.

For example, an email inbox containing confidential files could be compromised, or a security vulnerability in personal devices exploited – both of which could lead to a data breach. Working from home also makes it easier to send confidential attachments to the wrong person, or update operating systems to keep devices secure.

To prevent these mistakes, it’s important that you secure files in accordance with your client’s requirements (if your client doesn’t stipulate requirements, take a look at the ICO’s SME data protection web hub) and keep operating systems up to date.

Contract issues

Since the start of the pandemic, contracts between freelancers and clients are being disrupted and changing constantly. This results in projects being delayed, deliverables and specifications changing from what they originally were – but client expectations still remain high.

If a client is dissatisfied with work, it could lead to a dispute or a negligence claim. If the freelancer has done nothing wrong, these claims could be unsuccessful, but there will still be a cost to defend the claim (which professional indemnity insurance can cover against).

Cyber security

Phishing emails have become increasingly sophisticated and unscrupulous groups are taking advantage of the pandemic to target freelancers.

Freelancers who are responsible for handling client money should take extra care not to fall victim to fraudulent emails; simple measures, like contacting a supplier to check any unexpected invoices, can help.

Similarly, platforms freelancers use to issue invoices may be targeted and hackers could change the bank details held in their account to their own bank details and issue invoices to your clients.

The client may then, unknowingly, make a payment to the fraudster, resulting in the suffering a loss and giving them grounds to pursue the freelancer under this cyber liability, alleging that insufficient security was in place for the contractor’s invoicing account.

Ensuring you have security enabled on your account, such as two-factor authentication, provides an additional protection measure so if your account is compromised, a second method of authorisation will prevent cyber criminals from gaining access.

Cancelling cover

It may be tempting to save money by cancelling insurance cover, but unless freelancers keep their professional indemnity policy live, they won’t be covered for past work. As policies need to be live at both the time the work is done and when the claim is made, it’s vital the policy isn’t cancelled to ensure you’re covered for past work.

If you’re struggling to pay premiums, speak to your insurer – they are likely to have options to help you right now.

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Finance guidance offered to freelancers as WFH risks could cause costly claims - Global Banking | Finance (2024)

FAQs

Can a US company hire a foreign employee to work remotely? ›

Can US Companies Hire Remote Workers From a Foreign Country? The answer is yes—US companies can hire international workers legally. However, in most cases, you cannot hire a remote team as direct employees unless you have a legal entity in the workers' country of residence.

How to be financially secure as a freelancer? ›

To start, do a careful inventory of your current spending, says Rafael Espinal, the executive director of the Freelancers Union in New York. “The number one thing that any freelancer should do is look meticulously at what expenses are essential for them to do their work and keep up with their cost of living,” he says.

Can you work remotely for a US company without a visa? ›

Key takeaways. Non-US citizens can work remotely for a US company from their home country or anywhere in the world if they have consent from the hiring company, follow local visa laws, and pay taxes in their country of tax residence.

Can US companies hire foreign freelancers? ›

If you are hiring a foreign contractor, you will need to have them complete IRS Form W-8BEN. This form is used to certify that the contractor is not a US citizen or resident alien and are not withholding any taxes from the US government. It also helps ensure that they pay their taxes in their home country.

Am I legally allowed to work in the US remotely? ›

If you are not physically located in the US then you do not need any permission from the US government. It's mainly tax and employment regulations that you need to worry about in this context. Your prospective employer in the USA need to offer you the employment and agree that you work remotely from another country.

How do I protect myself as a freelancer? ›

As a freelancer, your contract is your main form of protection when it comes to your revenue, your time and your liability with your clients. Having a written contract for freelance work is therefore essential.

Is there any risk in freelancing? ›

Unstable Income

If you're planning to become a freelancer, you have to be willing to tolerate risk and financial instability. Even experienced freelancers who have been in the business for several years sometimes find themselves struggling financially. To mitigate this risk, start out by freelancing as a side hustle.

Is freelancer safe for payment? ›

Poor security screening and verification process

Criticism has formed about Freelancer.com's poor screening despite the amount of information you must disclose. Freelancer.com claims that all the data they request is necessary to verify identities, but that method hasn't stopped scams from permeating the site.

Can I work remotely for a US company and live abroad? ›

Yes, it is entirely possible to work for a US based company while living abroad either as a digital nomad or as a non-citizen. With advancements in technology and communication tools, remote work has become increasingly common and feasible across international borders.

Do you need sponsorship to work remotely for a US company? ›

Do You Need To Offer Employment Sponsorship for Remote Workers From Another Country? You only need to sponsor a US Visa if you plan for a foreign national to work and reside in the US as a non-immigrant. The most common type of visa for this purpose is the H-1B Visa, which allows for temporary, non-immigrant residence.

Can I live in Germany and work remotely for a US company? ›

Yes, a US citizen can work for a US company while living in Europe. However, there are a few things to keep in mind. While there are no legal barriers to working for a US company while living in Europe, several practical considerations need to be taken into account.

Does freelancing count as a job? ›

Freelancers are typically considered to be independent contractors. They are contracted to perform work for another entity as a non-employee. Instead of being employed in a permanent position by a company, freelancers work on a per project or contract basis, often for numerous different clients or companies.

Are freelancers respected? ›

Freelancers are often enormously respected and at the top of their game when it comes to delivering high-quality work.

Can I work for a US company remotely while I'm abroad? ›

Yes, it is entirely possible to work for a US based company while living abroad either as a digital nomad or as a non-citizen. With advancements in technology and communication tools, remote work has become increasingly common and feasible across international borders.

Can a US company pay a foreign employee? ›

If you have a legal entity established in their home country, then the most common form of payment is direct deposit into the employee's foreign bank account. If you don't have a legal entity established, other options are through international money transfers like PayPal, or through wire transfers.

Do US employment laws apply to employees overseas? ›

Federal U.S. employment laws generally apply only to those employees who work in the United States or its territories. There are a few exceptions though, as the following four major U.S. employment laws have some application abroad: Title VII of the Civil Rights Act. The Age Discrimination in Employment Act (ADEA).

How to pay remote international employees? ›

Outsource payroll to an Employer of Record (EoR): This is the safest and most effective way of managing the payroll of your overseas employees. There are payroll providers too, but they can only take care of the administrative part and have no authority to be a legal employer.

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