As more business continues to move online, it only makes sense that more people are telecommuting or working remotely. Telecommuting is beneficial for both businesses and employees, as it can help keep costs down, increase productivity and lead to happier employees. Human resources needs to make some accommodations for employees before they work from home, but one aspect that isn’t always addressed is, “Can I get workers’ compensation if I’m injured at home?”
The answer to that question, as you might imagine, is somewhat complicated. We’re going to do our best to answer that question and explain how you can get compensation if you are injured at home in today’s blog.
Telecommuting and Workers’ Compensation
For starters, let’s assume that you are considered an employee of the business. If you are in fact a contractor, you may be governed by a whole different set of rules as stipulated in your contract. However, let’s assume you are in fact a full-time employee for the business, and they are shifting to a system where you work remotely two days a week.
Under Minnesota law, employees who work remotely are held to the same standards as employees who work on the job site. Because of this, they are entitled to file for compensation if they suffer an injury during the course of their employment. That being said, there’s a big difference between an injury that happens when you’re on the clock and “arising out of your employment.”
For example, if you work remotely and develop carpal tunnel syndrome from years of typing on a computer, or you stub your toe on your desk and end up fracturing the bone, you may be able to file for compensation and earn an injury award. Both of these injuries directly arose out of your work duties and employment. Similarly, if part of your work duties are to knock on doors and try to drum up new business, and you slip on the sidewalk, this may be considered a work injury.
Actions that likely would not fall under the realm of workers’ compensation for telecommuters include:
- Falling down the stairs while on a conference call because you were going to throw the laundry in the drier.
- Slipping on some water you spilled in your kitchen.
- Rolling your ankle on the sidewalk while going for a walk on your lunch break.
These are just a few examples, but the main point still stands, which is this: If the injury arose directly out of your employment and your work duties, you may be eligible for a compensation award, even if the action didn’t occur in the office.
Filing A Work Comp Claim If You Work From Home
As you can see, the workers’ compensation process can get even more complicated if the injury occurred while telecommuting. You have to prove that the injury was a direct result of your employment, while you can bet that the insurance company will argue that it was your negligence and not your direct work duties that contributed to the injury.
It can be difficult and intimidating to build a case against the insurance company, even if you feel like you have a valid claim. Oftentimes the best way to prove telecommuting work injuries is to hire an injury law firm to represent you and build your case for you. We’ve won cases for remote workers in the past, and we know how to prove all of the relevant factors to ensure you earn a compensation award.
If you are interested in learning more about how we can help you with your workers’ compensation case if you work from home, don’t hesitate to reach out to our office. At Hey Workers, our experienced lawyers will go to bat for you and work hard to get you the compensation you deserve. For more information or to set up an appointment, give us a call at (844) 439-9675.
