On Behalf of Rosenthal, Levy, Simon & Sosa | December 11, 2023 | Workers' Compensation
All states have different workers’ compensation laws, but they mainly provide benefits for employees who have sustained injuries or illnesses while on the job. In general, these injuries or illnesses were sustained or developed in offices, stores, factories, construction sites, or other workplaces used solely for work. But what if a worker is hurt while working in a remote workplace or from home?
Injuries and illnesses that occur while doing anything related to work must be covered by workers’ comp insurance coverage. So, it shouldn’t matter whether or not you were in the main office, driving for something work-related, or at home. Put simply, injuries suffered while working remotely must be covered the same way as injuries suffered in the “main” workplace.
Am I Eligible for Workers’ Compensation Benefits If I Get Injured While Working Remotely?
To win your claim and receive workers’ compensation benefits, you must show your injuries occurred while working. What makes this tricky is that remote workers can shift between work tasks and personal tasks very easily, especially if they’re working at home. In general, however, there are situations in which injuries suffered while working remotely should be compensated:
- You were on the clock and engaged actively in one of your regular job duties when you were injured.
- You were hurt while doing a work-related task that wasn’t solely personal, like moving equipment or tools you need for your remote workplace.
- You were on the clock and got injured while you were taking a reasonable break from work. Workers’ comp insurance generally covers breaks when they happen in the workplace, so they must also be covered while working remotely.
- You developed your injury over time because of your job duties. A classic example of this is a repetitive strain injury like a back injury or carpal tunnel syndrome.
Your Employer’s Workers’ Compensation Insurer May Claim Your Injury is Not Related to Work
Injuries that occur in workplaces are usually documented by other people who saw the incident or cameras that recorded the incident. On the other hand, when a remote worker is injured at home or a remote worksite as opposed to a workplace with witnesses, it would be more difficult to prove they were working when they got injured. Additionally, given the newness of work-at-home and remote work arrangements, workers’ comp insurers will usually dispute the cause of or the severity of the injury.
Unfortunately, insurers will attempt to deny workers’ comp claims by arguing the worker wasn’t working when they injured themselves. This holds for all workers and not only remote workers. Insurers will also argue that something else, not related to work, caused the injury, such as a personal activity or a pre-existing condition or injury.
Seek Legal Guidance From an Experienced Port St. Lucie Workers’ Compensation Lawyer
Whether you are temporarily working at home or a full-time remote worker, you must understand your rights if you were injured while working remotely. If you have questions about workers’ comp benefits or need help filing a claim or appealing a denied claim, the Port St. Lucie workers’ compensation lawyer at Rosenthal, Levy, Simon & Sosa are here to help. Dial 866-640-7117 or reach us online to schedule your free consultation with our Port St. Lucie workers’ compensation lawyer.