Workers' Compensation Lawyer

Can You Receive Workers’ Compensation if You Work from Home?

If you’re stuck in a cubicle all day, you may envy people who look like they’ve escaped the rat race. There’s a certain appeal to being a freelancer, independent contractor, or even a telecommuter. What these people actually do may seem less important than the fact that they do it at home.

On the flipside, there are certain advantages to your cubicle that you may be overlooking. One of them is worker’s compensation.

Injured while working from home

If you’re an employee and you’re injured on the job, you can file a worker’s compensation claim and have many of your expenses covered. You don’t have to prove that your employer did anything wrong. You just have to prove that you sustained a work-related injury.

While working from home is less dangerous than working on a construction site, it doesn’t prevent all injuries. However, it may prevent you from receiving compensation, especially in the following situations:

  • You have no evidence. While worker’s compensation doesn’t require proof of fault, it does require proof that the accident was work-related. This is easier if you have coworkers who can serve as witnesses, but people who work from home usually do not. This shouldn’t prevent you from filing a claim, but it can reduce your chances of success.
  • You’re not an employee. While self-employed workers can purchase worker’s compensation insurance for themselves, many choose not to. People who work from home are less likely to have jobs that require coverage.
  • You’re misclassified. Employees are automatically covered by worker’s compensation regardless of their work environment. However, some employers may argue that you’re an independent contractor to get out of paying worker’s compensation benefits. If you suspect this may be happening to you, contact a worker’s compensation attorney immediately.

Your eligibility for worker’s compensation has nothing to do with your work environment, and everything to do with your employment status. If you’ve sustained a work-related injury,  working from home shouldn’t stop you from pursuing what is rightfully yours.

However, you may find that working from home has made some parts of your job, like reporting injuries, more difficult. If so, give our offices a call, an email, or a text message. We can help you understand what your rights are as a worker, and we can help you fight for them. Schedule a free consultation today!

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