Does Workers' Comp Cover Employees Telecommuting (Work From Home)?
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The typical workplace is changing rapidly, thanks to modern technology's ability to allow people to work from home. Due to the COVID-19 pandemic, many companies have shift towards working from home and more flexible working arragements. With this article we want to inform you about what your legal rights are if you get injured while working from home.
Workers' compensation offers a variety of benefits to employees who suffer from workplace injuries or illness. Regardless of the location that your injury occurs, injury or illness is compensable under your Employer's workers' compensation policy.
What Does The Employee Need To Prove To File A Workers' Comp Claim?
- The Employee has the burden of proving that the injury was work-related
- The injury happened during working hours
- The Employee was acting in the best interest of their Employer at the time the injury occurred
During workers' compensation lawsuits, Courts have found that an employer's lack of control over the conditions of an employee's telecommuting premise is irrelevant. Whether an employee is working from home or their office, the hazards they encounter are often interpreted as equivalent. Employers are responsible for ensuring their telecommuter's environment is just as safe as working on company property.
Can I Get Workers' Comp If I Work From Home?
The short answer is yes, you are covered, but it is not as easy. As long as the Employee has been instructed to work from home and they are on the clock, acting in the best interest of their Employer, and, based on their Employer's insurance policy, coverage still applies. It merely comes down to the details and whether you can prove your injuries were directly correlated to working from home. If you injure yourself while working from home, you may be entitled to compensation through:
- Medical expenses
- Lost wages
- Vocational rehabilitation
Burden Of Proof For Employees Injured Working From Home
Now, the burden of proof is a lot more complicated than filing a claim with your Employer. For example, if an employee working from home slip and falls, becomes ill, develops carpal tunnel syndrome, back injury from sitting wrong or faulty chair, the Employee needs overwhelmingly strong evidence of how and why their injury occurred. If the Employer is not convinced, they can contest the claim.
Contact A Workers' Comp Attorney Near You
If you were injured at your house while working from home, report the incident immediately to your Human Resource department or your Employer and document your work from home injury with photographs, medical records, witnesses of people in the house, and detailed description of the incident.
If your workers' compensation claim was denied, contact Advocates USA to speak with a work injury attorney who will help you file an appeal. For a free consultation, contact our workers' compensation attorneys at 1-800-872-4878 or fill out our online contact form.
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