Stay-at-home orders and remote working have become a new reality for many Treasure Coast residents. An unexpected issue this raises for some remote workers is, what happens if you’re injured while working from home? Does your employer’s workers’ compensation insurance still cover your injury, or is your private health insurance policy responsible? As with most legal questions, the answer depends on the particular facts of your case.
What does workers’ compensation cover?
Workers’ compensation is a no-fault system, which means that if you’re injured in the “course and scope of employment,” you’re typically covered under your employer’s workers’ comp insurance, regardless of whether your own negligence (or someone else’s) played a role in the accident. While recent working-from-home orders have brought this question to the forefront, workers’ compensation coverage for off-site injuries is not really a novel concept.
In general, employees are covered for work-related injuries that occur outside the office or other workplace. The primary consideration in these cases becomes whether the injury is actually work-related. Proving that your occupation caused an injury becomes more complicated when working remotely, especially when the injury could have theoretically occurred at home on any given day when you weren’t working.
Some questions that will determine whether an injury is work-related include:
- Was the employer benefiting from the employee’s actions when the injury occurred?
- Did the employer require the employee to engage in the injury-causing activity?
- Did the employer approve the off-site activity in advance?
Learn more about injuries and illnesses covered by workers’ compensation here.
5 critical steps to take if injured while working remotely
If you’re injured while working from home, take the following five steps to improve your chances of getting the care and compensation you need and deserve:
- Immediately report the incident to your employer.
- Photograph your injury and the area where the accident occurred.
- Seek medical attention.
- If you’re unable to work, obtain all the wage benefits that you’re entitled to.
- Contact an experienced Treasure Coast workers’ compensation attorney about your options.
The difficulty of proving liability when working from home
Proving an injury occurred within the scope of employment while working from is very difficult. Usually, when an accident occurs in the workplace, there are eye witnesses, security footage, or both. When an accident occurs in the home, neither of these resources may be available. That’s why it is important to speak with a skilled workers’ compensation attorney right away. He or she will be able to help you gather the necessary evidence, file your claim, and obtain the full and fair compensation you deserve.
Contact an experienced Vero Beach, Port St. Lucie, Fort Pierce, and Okeechobee workers’ compensation lawyer today
If you need help asserting your legal rights after a work at home accident in the Treasure Coast area, contact our highly skilled workers’ compensation attorneys immediately. Through our remote services, you can meet with us and hire us without ever having to come into our office. We offer free consultations.
To learn more, set up a remote or in-person consultation now.
Call us at 866-930-6435