Can Remote Workers Get Workers’ Compensation Benefits?

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’ comp 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 during the course and scope of employment. 

This article will overview how workers’ comp 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.

Workers’ comp benefits cover medical bills and lost wages resulting from injuries. Furthermore, workers’ comp 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 

How Insurance Companies Investigate Workers’ Comp Claims

Following a worker’s injury, employer’s workers’ compensation insurance company will investigate the incident and determine if the worker has a compensable workers’ comp claim.  

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

Common Kinds of Remote Workers’ Comp Claims

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

“Workers’ comp 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,” 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 at work, and you would be eligible for workers’ comp.” 

Since state laws vary, it’s a good idea to speak with a workers’ comp lawyer in your area about your claim. 

What Should You Do if Injured While Working From Home?  

If you were injured while working remotely, you should report the incident to your employer as soon as possible so that workers’ comp insurance can get involved.  

The insurance company will likely need to speak with you and obtain medical records or other documentation when assessing your claim. It’s important to comply with the insurance company to help ensure the process goes smoothly. 

Filing a workers’ compensation claim can be complicated. 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 consultations allow you to get helpful legal advice and decide if the attorney or law firm meets your needs.  

Not only are the initial consultations free, but most workers’ comp lawyers work on a contingency fee basis, meaning there are no upfront costs to retaining legal representation. 

Find a Workers’ Compensation Lawyer 

Look for a workers’ compensation attorney in the Super Lawyers directory to help with workers’ comp issues.