Can Remote Workers Make Workers' Comp Claims?

Working from home has many advantages, from eliminating lengthy commutes to greater work-life balance. But it can involve many of the same challenges as working on-site. For example, work injuries can occur in a home office just as easily as in a work office.

Can you get compensated if you’re a remote employee who got injured while working? Though state workers’ compensation laws vary, the answer is generally yes. It could be harder to prove that a work-related injury happened at home, but you can still get compensation if you can show that your injuries occurred in the scope of employment.

This article will provide an overview of how workers’ compensation works for remote employees. If you have suffered a work-related injury, speak with a workers’ compensation attorney about your specific case and options.

What You Have To Show in a Workers’ Compensation Claim

Both federal and state laws require employers to provide a safe working environment for their employees. Workers’ compensation laws let injured workers seek compensation for injuries or illnesses developed while working or during job duties.

Workers’ compensation benefits cover medical bills and lost wages resulting from injuries. Furthermore, workers’ compensation is a no-fault system, meaning you don’t have to show that anyone was at fault for your injuries. A worker just has to show:

• They got injured
• The injury occurred during work for their employer

During the COVID pandemic, many employers first started having employees work from home. “We went from 50% to 100% working from home within three days, essentially,” says Cathy Stanton, head of the workers’ compensation department at Pasternack Tilker Ziegler Walsh Stanton & Romano law firm.

In New York, “the home office exception basically takes the workers’ compensation law and brings it into the home,” Stanton explains. “It’s the exact same benefits, the exact same medical treatments, the exact same monetary benefits that you would be entitled to if it were not at the home site.”

How Insurance Companies Investigate Workers’ Compensation Claims

The employer’s workers’ compensation insurance company will investigate the accident and determine if the worker has a compensable workers’ compensation claim.

State law sets the timeframe for this initial investigation, typically ranging from a couple of weeks to a month. Once the insurance provider assesses the claim, they will either approve or deny it. If the insurance company denies a worker’s claim, they can appeal the decision in most states.

Common Kinds of Remote Workers’ Compensation Claims

“The criteria that are used to determine if a workers’ compensation claim is compensable under any circumstances is whether or not it’s in and of the course of employment,” says Gerri Rella, founder of Rella & Associates.

When it comes to remote work injuries, the most common include slips and falls and injuries resulting from poor ergonomics.

“Workers’ compensation for remote workers varies from state to state. Generally, if you’re a remote worker, you are eligible for workers’ compensation benefits if you were injured while in the scope and course of employment,” says Alfred J. Carlson, a workers’ compensation attorney at Martin Law in Philadelphia, Pennsylvania.

“If you’re working from home and have to use a keyboard for eight or more hours a day to complete your work tasks, you could develop carpal tunnel syndrome,” he says. “If you can prove that your repetitive keyboard and mouse use caused the carpal tunnel syndrome while in the scope and course of your employment, you would be eligible for workers’ compensation even though you were injured at home.”

Another example is talking on the phone “using a hands-free device such as AirPods or a headset,” says Carlson. “You could trip over something in your home, but at the time that you had the incident, you were working. That would be just like tripping over something in a work area, and you would be eligible for workers’ comp.”

Protections do extend to work-from-home employees when they are on the clock, says Jose Perez, a workers’ compensation lawyer in Syracuse. “The same way an employer provides for employees in the office, an employer has to ensure that the home office adequately accommodates the employee.” The employer must also make sure any employer-provided equipment does not create a hazard.

If you are a remote employee without adequate office equipment to transition to your new workspace, and it’s causing an issue, “notification is key,” Perez says.

“For any workers’ compensation injury, which falls in two categories — a physical injury, like you fell and fractured a bone or other injury; or an acquired occupational disease, like the onset of carpal tunnel after a repeated workplace task — having something on record from the start is critical,” he says.

“Many workers think they can’t go to their manager and say, ‘I have shoulder pain’ or ‘I have back pain,'” Perez says. “But if that becomes an occupational claim, and you never said anything, the claim will likely be opposed by the employer and insurance company. So it’s really important to have at least an incident report on file in the event a claim is filed.”

What Should You Do if Injured While Working From Home?

If you were injured while telecommuting during work hours, you should report the incident to your employer as soon as possible. The insurance carrier will likely need to speak with you and obtain medical records or other documentation when assessing your claim. It is essential to cooperate with the insurance company regarding the necessary information, but be aware that their primary goal is often to minimize the payout. Consult with a workers’ comp attorney before providing your statement.

Filing a workers’ compensation claim can be complex, especially since remote work injuries can be more difficult to prove. It’s often best to speak with an experienced workers’ compensation attorney to ensure the best settlement in your case.

Many workers’ comp attorneys provide free consultations to learn about your case. These initial consultations allow you to get helpful legal advice and decide if the attorney or law firm meets your needs.

Most workers’ comp lawyers also work on a contingency fee basis, meaning there are no upfront costs. Your attorney only gets paid after you receive an award or settlement.

Find a Workers’ Compensation Lawyer

Workplace safety protections apply to work duties in a home office. If you have a workplace injury and need compensation for medical treatment, talk to a workers’ compensation lawyer about your legal options. Look for a workers’ compensation attorney in the Super Lawyers directory to help with workers’ compensation issues.