Working from home has become an increasingly popular option in the workforce, with studies finding that 63% of employees say they would like to work from home at least some of the time. Given this growing trend, it’s essential to be aware of the workers’ compensation laws in your state, as they may vary when it comes to work injuries sustained while telecommuting.
Workers’ comp benefits get awarded to employees who sustain injuries on the job. In most of these cases, these accidents arise while the worker is physically present with inside the workplace. However, there are always a few exceptions. The exception here refers to operating remotely or working from home. Such as, if you’re injured while working from home, you have the right to workers’ comp benefits. Some states have specific laws about workers’ compensation for those injured while working remotely, while others rely on the general workers’ compensation statutes.
Workers’ comp advantages are to be had to employees who’re injured while operating, even if they’re working remotely. Generally, to qualify for workers’ comp advantages, harm should arise inside the scope of employment. This way, the injury should have happened because the employee was acting under the obligations of the job. E.g., if an employee is injured while working on a laptop at home or by a fall while working, the employee may receive their deserved compensation.
Eligibility for Workers’ Compensation while working remotely
To be eligible for workers’ comp benefits while working remotely, you must meet the following criteria :
- It would help if you were working for a company or enterprise that has a policy allowing workers to telecommute.
- You should be performing duties within the scope of your job as described by your company/enterprise.
- It would help if you worked at a location approved by your company or enterprise.
- You must show that you were injured while performing work duties and that your injury was due to something unrelated to your job.
- You or your attorney is also required to bear the burden of proof, i.e., you should provide evidence that you were working when you were injured. Providing records of your work activities, such as emails, does it or chat logs. If you are unable to provide this evidence, you may still be able to file a claim if you can provide
How to file a Workers’ Compensation while working remotely?
As stated previously, if you are injured or become ill while working remotely or working from home, you can file a workers’ compensation claim. To file a workers’ compensation claim while working remotely, you need to follow the following steps:
- Step 1
Immediately report your employer of the injury. One of the most critical steps in receiving workers’ compensation benefits is reporting your injury to your supervisor as quickly as possible. Not only does this allow your company to begin the necessary paperwork, but it also starts the process of getting you the medical care you need.
- Step 2
Your employer will give you all the necessary documents, along with the required workers’ comp form.
You should fill out this claim form immediately. You can either send the form through the net or post it. Remember to encompass all the applicable information, including the date, time of the injury, and the damage’s characteristics. You can also want to offer clinical documentation.
- Step 3
Next follows the most technical step; you now need to file a Workers’ Compensation claim with your state’s Department of Labor. The employer usually takes responsibility for filing the claim for the employees. However, remember that they are not always required to do so.
- Step 4
Finally, you should contact an attorney specializing in workers’ compensation law to help guide you through the process. The lawyer can help you file a claim, negotiate with the insurance company, and represent you in court if necessary.
If you have any questions after reading this article, please do not hesitate to contact us at (562) 561-2669/(213) 732-3436, our office, for a free consultation, or visit us at Gaylord and Nantais Attorneys at Law.