Even though many employees went fully remote during the pandemic, and many retain a hybrid schedule, they and their employers may not have thought through the implications of working remotely and workers’ compensation laws.
As an employee, it’s not your job to update company policies and procedures, but you can and should understand your rights and what your options are if you get sick or injured at work: even if that injury happens in your home or outside of the company’s work site.
Just because you’re working remotely doesn’t mean you don’t have a viable workers’ compensation claim. If you’ve been injured while working, in the office or remotely, contact the experienced workers’ compensation lawyers at Aversa and Linn to assist you with understanding your rights under the law.
1. Does worker’s comp cover injuries off-site?
Remote or On-Site
Whether you are working in an office, at home, or a hybrid setting, workers’ compensation extends to all employees. This means that if you suffer a work-related injury, you are entitled to benefits under the workers’ comp system, no matter where the incident occurred.
What is a work-related injury?
In order to receive any benefits through the workers’ comp system, the employee must demonstrate that her injury or disease is “work-related.” This means the employee must have been injured during the course and scope of her employment. Whether or not something is work-related is very specific to each situation.
How do I know if an injury is work-related?
- Were you doing something to benefit the employer at the time of your injury?
- Was the activity that caused your injury a required part of your job?
- Did the injury happen during work hours?
- Do you have a dedicated area in your home for remote work and did the injury happen in that area?
- Do you have a set schedule regarding locations where you work?
If you answer yes to any of these questions, you may have a valid workers’ comp claim. Contact us today to assist you with understanding your rights under the law.
2. Common Remote Injuries
Slips and Falls
Your home may feel safer than a traditional office setting, but accidents can still happen. If you trip over a wire or slip on a wet floor, your injuries may affect your ability to work. It might not occur to you that workers’ comp would cover this situation, but it very well may.
If you are unsure whether or not you’re covered by workers’ comp, still report any incident to your employer as soon as they happen. By reporting immediately, you help streamline the process of receiving your benefits, making your recovery period less stressful.
Ergonomic Strain
Another common work injury is ergonomic strain like back pain, neck pain, and wrist injuries. These injuries can be caused by prolonged sitting at a desk. These injuries may be more common in home offices that were not designed for long work days and don’t have the proper setup. Because these conditions usually develop slowly, you may not connect them to work. But they can still impact your ability to work.
Fortunately, injuries resulting from ergonomic strain also qualify for workers’ comp. It’s important to seek medical advice and report these conditions to your employer as soon as you become aware of them. Doing so not only helps in your recovery but also highlights the need for preventive measures, ensuring a healthier and more comfortable working environment.
3. Hybrid Commuting
Injuries that happen while you’re commuting to or from work can still be covered by workers’ compensation. This is true whether you’re heading to a traditional office or just walking from one room to another in your home to start working. If you get injured during your commute, your injuries might be eligible for compensation.
What if my home is in a different state than my office?
Your workers’ comp rights are protected in every state, whether you live in the same state as your office or not. However, workers’ comp laws differ from state to state. In the common scenario of living in New Jersey and working in Philadelphia, you should consult an experienced workers’ comp lawyer to make sure you’re following the correct laws and processes.
4. Reporting Procedures
Timely Reporting
Reporting your injury to your employer right away is crucial, maybe even more so when you’re working from home. Waiting too long to report your injury could make your claim seem less legitimate. Also, reporting gives your employer and their insurance company the information they need to start the claims process quickly, helping to get you the support you need sooner.
Documentation
Keeping detailed records is also very important. Write down everything about the accident and your injuries, including when and how the accident happened, what injuries you got, and all your medical appointments. Save any emails or messages about your injury and take pictures if you can. This kind of documentation is very powerful in proving the extent of your injuries and that they happened because of your job. Documentation helps ensure you get all the benefits you’re entitled to, like coverage for medical bills and lost wages if you can’t work.
5. Remote Work Safety
Create a comfortable and safe workspace
Creating a comfortable and safe work environment at home is more important than you might think. Spending a little extra on an ergonomic chair, a stand for your monitor, and good lighting can make a big difference. Your employer may provide some of the equipment or reimburse you if asked.
An ergonomic chair supports your back and helps you sit correctly, reducing the risk of back and neck pain. A monitor stand ensures your screen is at eye level, preventing neck strain. Proper lighting helps avoid eye strain and headaches. All these steps help create a workspace that not only boosts your productivity but also keeps you healthy.
6. Independent Contractors
If you’re working as a 1099 independent contractor you are considered self-employed. Unlike traditional employees, who are covered under their employer’s workers’ comp policy, as an independent contractor, you are not covered. You can however, secure your own workers’ comp insurance to ensure financial support for medical bills and lost income during recovery.
As hybrid work becomes the norm, prioritize your well-being. Familiarize yourself with workers’ compensation rights, report incidents promptly, and maintain open communication with your employer.
Whether or not a person has a valid workers’ comp claim depends on many factors, specific to their particular circumstances. Contact the experienced workers’ compensation lawyers at Aversa and Linn to assist you with understanding your rights under the law.
