Workers’ compensation injury claims have recently decreased over time as more people work from home. Even so, all workers deserve protection from job-related injuries, and that includes workers’ comp for remote employees.
All workers’ compensation claims must reside within the course and scope of employment for the claim to be valid. But proving that for a work injury that happened at home may prove difficult.
When faced with difficult insurance adjusters and devastating medical bills, you’ll need a workers’ comp attorney you can rely on. To ensure your compensation for your injury, never hesitate to reach out to legal help.
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Do You Need Workers’ Comp for Remote Employees?
All employers are required to carry workers’ compensation insurance for their employees, even if they work from home. The same laws that allow workers’ compensation for telecommuters apply to remote employees as well.
Even so, employers cannot regulate working conditions for remote employees the same way they can on-site. That’s why the burden of proof often lies on the employee to prove their injury was job-related.
Workers’ compensation for remote employees covers the same benefits as on-site claims, such as:
- Medical fees
- Lost wages
- Temporary and permanent disability benefits
Keep in mind that certain types of remote workers may be excluded from workers’ comp such as independent contractors. As long as you’re formally employed by your company, it doesn’t matter whether you’re part or full-time.
How Does Workers’ Comp Work for Remote Workers?
Workers’ comp claims for remote workers starts the same way as you would if you were injured in the workplace.
Ensure your safety first and notify the authorities if you need emergency care. The doctor cannot initially charge you medical fees if they know you suffered a work-related injury.
The first step to starting a remote workers’ comp claim is to tell your employer you suffered a condition caused by work. Workers’ compensation operates under a no-fault system, meaning even if you caused the accident, you may still qualify for benefits.
IMPORTANT: Accepting a workers’ compensation claim results in you waiving your right to sue your employer. If you feel you have a case outside your work injuries, consult an attorney.
The only thing you would have to prove to qualify for benefits is whether your injury was work-related. This is trickier for remote workers as certain actions at home are insured by workers’ comp, while others are not.
Regardless, every workers’ comp claim benefits from having evidence to prove your condition and the damages it caused. This is especially true for cumulative injuries that build up over time a person has worked at home.
Workers Residing in Other States
If you sustained an injury from home and your company is headquartered in another state, your employer must confirm whether their workers’ comp insurance covers your state.
If their workers’ comp policy does not include extraterritorial insurance, your employer may need to acquire another policy. You would have to file your workers’ compensation claim in the state you were injured in.
Work-From-Home Injuries Workers’ Comp May Cover
As employers have little control over their remote employees’ work environments, unexpected injuries may occur. Depending on the role, an employee’s house can be considered as a second job site, especially in hybrid working models.
The two most common conditions covered by workers’ comp for remote workers are cumulative injuries and slip and falls.
Examples of injuries that may be covered by workers’ comp are:
- Motor vehicle accidents related to work
- Muscle strain from lifting office equipment
- Back injury from sedentary working
- Hearing loss
Cumulative Injuries
Long hours under a poor ergonomic working environment can cause gradual damage to your body, otherwise known as cumulative injuries. These conditions are commonly caused by constant, repetitive movement affecting your muscles, tendons, and nerves.
Examples of cumulative injuries commonly caused by remote work include:
- Carpal tunnel syndrome
- Back and neck pain
- Osteoporosis
- Arthritis
Employers can set less rigid schedules and provide necessary tools to promote a healthy workstation to reduce cumulative injuries. Certain risks may be involved with remote work that employers should always consider.
Slips, Trips, and Falls
Another injury that may be covered by workers’ comp for remote employees are slip and falls. Whether a slip and fall injury is covered by workers’ comp depends on if the employee’s house counts as a second job site.
If working from home was a voluntary choice by the employee, the injury may not be compensable under workers’ comp, since it wasn’t work-related.
However, if working from home is a requirement from the employer, the employee’s slip and fall may be covered under workers’ comp.
What Injuries Does Workers’ Comp Not Cover?
Courts tend to side with the employee during workers’ compensation claims, but there are injuries that don’t qualify for benefits. The main reason a workers’ comp claim won’t qualify is if their injury was not severe or work-related.
Examples of injuries workers’ comp won’t cover for remote employees include:
- Self-inflicted injuries or those resulting from horseplay
- Injuries that violate company policy
- Non-work related injuries
- Pre-existing conditions not intensified by work
- Common ailments like the cold, flu, or certain viruses
How to Prove a Work Injury From Home
It’s important to gather as much evidence as possible to start your workers’ comp claim. Remote workers have the burden of proof to show their injury resulted from furthering their employer’s interests.
Team up with an attorney to help guide you through the process while negotiating with your employer’s insurance company. If your employer’s physician requires you to take a functional capacity exam, take it earnestly and don’t overexert your body.
The Coming and Going Rule for Remote Workers
The coming and going rule especially applies to remote workers as their home may count as a second job site.
As proven by Bramall v. Workers’ Comp. Appeals Bd. (1978), if someone works under a hybrid schedule and the employer knows they routinely take work home, they may qualify for workers’ comp if they were hurt travelling home.
The line between home and work blurs for remote employees, and not every commute to home is protected. Just because an employee works at home, it doesn’t make their place of residence another job site. This is especially true if there were other job sites available and the employee chose to work from home.
How the Personal Comfort Doctrine Applies to Remote Work
The personal comfort doctrine protects activities that promote an employee’s personal comfort within normal working conditions. This especially applies to remote workers who eat lunch, go to the bathroom, or take coffee breaks throughout their workday.
Not every act of comfort is protected under the personal comfort doctrine. If you were hurt maintaining your garden during work hours, because your actions were strictly personal, it may not be covered under workers’ comp.
The line between personal comfort and necessary work activities may blur while working from home. Know where your case stands by presenting your evidence to an attorney who knows your state’s work laws.
Do You Qualify for a Workers’ Comp Claim? Call an Attorney.
Attaining workers’ comp while working from home isn’t easy, but your case may shine through if you consult a workers’ comp attorney.
Your employer’s insurance company is more focused on protecting their profits than preserving your best interests. It’s incredibly easy to make mistakes while on workers’ comp. Adjusters are always looking for your slip-ups to justify lowering your claim.
Connect with a workers’ comp attorney through LegalASAP’s network of 500+ law firms ready to analyze your case. You can schedule a FREE consultation through this evaluation form to see if you qualify for a case.
You can also call 1-888-927-3080 to speak to a representative so they can connect you with an attorney who knows your state’s laws.
Remote workers are making up the backbone of our labor force; you deserve compensation if you were hurt on the job.
Jan Reburiano is a content writer and SEO specialist for law firms focusing on personal injury, disability, employment law, among other practices. He has written and edited numerous articles and created commercial spots for broadcasters that you can find in his LinkedIn. Jan currently lives in Los Angeles, California while writing for clients from around the United States.
