Is Workers’ Compensation Available for Remote Employees?
The COVID pandemic impacted all our lives on many different levels. One of the most profound and lasting effects is the popularity of remote work. At the height of the crisis, many companies supported their staff by allowing them to work from home. Since then, there has been a slow migration back to the office, but remote work remains a popular option.
According to data collected by the Bureau of Labor Statistics (BLS), there are 35.5 million Americans who work from home. That is up 19.6% from the previous year. All of those workers can also face the occasional workplace injury. Is workers’ compensation available for remote employees?
The short answer is “Yes,” but there are many challenges and caveats to consider.
If you’re a remote worker who has been injured on the job, you may be entitled to file a workers’ compensation claim through your company. If you’re unsure or are facing resistance, you should discuss your situation with an experienced workers’ compensation attorney.
It will help to use the information in this post for a better understanding of what is allowed for remote workers and the challenges you might face.
What Types of Work-Related Injuries Could a Remote Worker Experience?
The general rule for any workers’ compensation claim is that the injury must have occurred while you were working as a full or part-time employee. In other words, you need to be on the clock. That injury doesn’t have to be instant. It could be a condition that has manifested over time. The most common remote work injury would be a repetitive strain injury.
As defined by the Cleveland Clinic, repetitive strain injury is “damage to your muscles, tendons, or nerves caused by repetitive motions and constant use.”
This type of injury is common among assembly line workers, grocery store clerks, and remote workers who spend more than eight hours a day typing on a computer.
Carpal tunnel syndrome and tendonitis are two of the most common computer-related repetitive strain injuries. These types of injuries happen over time and require immobilization, pain medication, and possible surgery to correct.
Part of your work responsibilities could include leaving home to work in your company’s office one or more times a week. Any injury that occurs in the workplace would be considered for a workers’ compensation claim. However, you would not be able to make a claim if you got into a car accident while you were merely driving to or from work. You would not be considered “on the clock.”
The exception would be if you were driving specifically for a work-related task, such as making a delivery, pickup, or service call.
Other common workplace injuries are slip and fall accidents. It is easier to establish a workplace hazard than a home hazard. For instance, if there is loose flooring or a spill at your job that caused the fall, you can argue that the injury was work-related. However, if you fall in your home because you spilled something on the floor, it might be a challenge to make a workers’ compensation claim for that.
This is an issue that should be discussed with an experienced attorney.
Independent Contractors Exclusion
Many remote workers operate as independent contractors.
That puts those workers in control of who they work for and when. It provides a flexible schedule that is appealing to many workers. Even though an independent contractor can work up to forty hours or more a week, they are not considered an employee. As such, they are not entitled to file for workers’ compensation.
How to File for Workers’ Compensation Benefits as a Remote Employee
If you’ve been injured at home as a remote worker, the process for filing a workers’ compensation claim is no different than if you were working at an office, factory, warehouse, or construction site.
The first step is to notify your employer. It is the employer’s responsibility to submit a form to their workers’ compensation provider. That provider will review the claim and determine if you are eligible to receive benefits.
As part of the process, you may need to be examined by a medical provider from an approved list that is covered by your company’s program. Suppose you go to an urgent care facility or an emergency room because of an immediate injury. In that case, you may still need to follow up and have your injury verified by the company’s medical provider. Your company might allow you to see your own doctor. It’s essential to know the policy.
You should have a response from your employer within a few weeks about your eligibility. This doesn’t mean you should put off getting recommended treatment until the decision is made. Your overall health and well-being should take precedence.
If your claim is approved, you can have your medical expenses covered as well as a portion of your lost salary. Depending on the nature of the injury, you might also require physical or occupational therapy as part of the recovery process.
That will also be included in the approved benefits.
What If a Workers’ Compensation Claim Is Denied?
If a worker’s compensation claim is denied, you are entitled to file an appeal. This is where the support of an experienced workers’ compensation attorney will prove to be crucial. An attorney who specializes in this area will help identify the issues that led to the denial. If there is evidence to contradict that denial, it can be presented to the relevant workers’ compensation board in your area.
Your attorney will be able to represent you at the hearing and ensure that your story is heard, along with the evidence to support your rights as a remote worker. If you’ve been injured on the job as a remote worker, you must understand all your options for pursuing a workers’ compensation claim and getting that approved.
We have those resources to get you started at Work Injury Advisor.
Don’t let your rights slip away.
