This post was updated on 10/11/2024
Most work injuries can be attributed to on-site tasks. That's to say, there are common harms, such as back injuries due to heavy lifting and slips and falls in bathrooms. Also, neck injuries after prolonged hours staring at your computer. When injuries occur in the worksite environment, you are protected by law, allowing you to receive workers’ compensation when injured at home.
These trying times have turned the world upside down, however. Most jobs today now happen remotely, especially since stay-at-home orders are still being enacted in various corners of the world.
The question now stands—how does the law work when you’re injured while working from home? Can your injury still be covered by the employer's workers' compensation insurance? Will you need to rely solely on your health insurance policy?
The answer can be tricky, but we’ve created this quick guide to help you get started. Let’s take a closer look at the coverage criteria, as well as ways you can prove an injury despite working remotely:
The Coverage Criteria of Workers’ Compensation When Injured at Home
Workers' compensation is regarded as a no-fault system. That's to say, any injury sustained during the “course and scope of employment” will hold your employer reliable. Your injury will be covered under your employer's workers' compensation insurance. This is regardless of the cause of injury, whether it was sustained on your own negligence or someone else’s.
Consider that the coverage applies to off-site injuries, including injuries or accidents that occurred outside. In other words, your work-from-home injury is likely covered. The real challenge of the case will lie in proving if the injury is work-related.
Proving a Work-from-Home Injury
Although workers’ compensation when injured at home falls under no-fault insurance, the burden of proof of negligence will fall on the remote employee’s shoulder. Besides, this case is different because working from home means no witnesses outside your familiar circle.
You need to provide evidence that shows how the injury occurred and happened as you were working in the interest of your company. Here are some questions to ponder on:
- How did the employer benefit from the actions when the injury occurred?
- Did the employer approve of or require the off-site activity?
- Did the employer manage the employee to engage in the activity that caused the injury or accident before?
Golden tip: Proving negligence may be challenging. However, all employers are responsible for their employees if they’re on-site or working remotely. They are legally mandated to always provide a safe work environment, no matter the circumstances.
Getting Help with Workers' Compensation Claims
The laws on workers’ compensation when injured at home benefits vary per state. But, you end up sustaining an injury while working remotely. So, ensure to gather all forms as soon as you can. These workers' compensation insurance forms will come from your employer but should be filed directly by you. Any evidence that may help prove the injury must also be preserved, particularly the area in which it happened. Any videos or photographs will also prove to be substantial.
Should your claim be denied, however, it’s best to enlist the help of a workplace injury attorney in Northern CA. We are Pacific Workers, the lawyers for injured workers, dedicated to helping you obtain the justice you deserve.
Call us at 888-740-6434 for a free consultation today, or chat with us online.
About the author
Bilal Kassem President and Co-founder
Introducing Bilal Kassem, the visionary leader of Pacific Workers. His unwavering commitment to excellence, empowering others at the core of our organization. With a flair for creativity, Bilal infuses fresh ideas into every initiative we take.
Drawing inspiration from captivating stories like “Goosebumps”, he guides our team with determination. Beyond his professional endeavors, Bilal embraces the great outdoors. As a result, relishing adventures such as backpacking and exploring uncharted territories. Sushi is his preferred treat, nourishing both his body and spirit.
In his free time, he enjoys hitting the gym and indulging in blockbuster films. At the same time, he finds motivation in the legacies of historical figures like George Patton. By leading with empathy, Bilal fosters a supportive atmosphere. This is why every team member feels empowered to excel.