Remote work is here to stay in some capacity. Employers find that it gives them greater reach in recruiting top talent, and workers enjoy the flexibility that remote work provides. While remote work allows you to carry out your duties from home just as if you were at the office, the nature of the work can change certain aspects of your work dynamic. For example, if you get injured while working from home, then you might wonder whether the fact that you’re working remotely will impact your ability to recover workers’ compensation benefits.
How do workers’ compensation benefits interplay with remote work?
Even though you’re working remotely, your employer is still required to carry workers’ compensation insurance. This policy should kick in to provide you with compensation to offset your medical expenses and lost wages if you’re injured at work, but only if your injury or illness arises out of your work duties.
This can create a challenging situation. For example, if you trip over your dog or a toy that your child left out and break your arm in a fall, there’s a significant question as to whether workers’ compensation benefits will kick in to protect you. This is why many remote work policies have you confirm that your workspace has ample lighting, is closed off from the rest of your house and is clutter-free.
You should be covered by workers’ compensation while performing your assigned job duties at home, but the protection can stretch a little farther than that. Under the personal comfort doctrine, you’re also protected if you suffer injury or illness while taking a break to get a drink or go to the bathroom. So, even if you’re traveling through your home to get some coffee or go to the bathroom and wind up hurt in an accident, it’s a good idea to consider whether you’re justified in seeking workers’ compensation benefits.
The challenges of a workers’ compensation claim related to remote work
When you file a workers’ compensation claim based on injuries suffered during remote work, there’s a good chance the insurance company will fight your claim. Since there likely were no other witnesses to your accident, the insurance company and their legal team will attack the credibility and thus the reliability of your assertions. They may even turn to medical experts to try to demonstrate that your accident injuries aren’t as severe as you claim them to be, or to show that your injuries or illness couldn’t have been suffered how you claim.
So, after suffering an injury or illness while working remotely, be sure to take plenty of photographs of the accident scene and document the incident in as much detail as possible. Be diligent about seeking medical treatment, too, and follow any recommendations made by your doctor. You’ll also want to talk to your workers’ compensation attorney about the filing process to ensure you meet all deadlines and requirements.
Don’t miss out on the benefits you deserve simply because you work remotely
A lot of people who are injured during remote work make the mistake of thinking that they can’t file a claim for workers’ compensation benefits. Don’t make that error. Instead, gather as much evidence as you can and discuss the matter with your attorney. By doing so, you’ll gain a better sense of where you stand and what you can hope for from the workers’ compensation process. This could result in the successful pursuit of financial compensation that you need.