Workers’ Comp benefits for employees working remotely: Everything you need to know
Working from home has
become an increasingly popular option in the workforce, with studies finding
that 63% of employees say they would like to work from
home at least some of the
time. Given this growing trend, it’s essential to be aware of the workers’
compensation laws in your state, as they may vary when it comes to work
injuries sustained while telecommuting.
Workers’
comp benefits get
awarded to employees who sustain injuries on the job. In most of these cases,
these accidents arise while the worker is physically present with inside the
workplace. However, there are always a few exceptions. The exception here
refers to operating remotely or working from home. Such as, if you’re injured
while working from home, you have the right to workers’ comp benefits. Some
states have specific laws about workers’ compensation for those injured while
working remotely, while others rely on the general workers’ compensation
statutes.
Workers’ comp advantages
are to be had to employees who’re injured while operating, even if they’re
working remotely. Generally, to qualify for workers’ comp advantages, harm
should arise inside the scope of employment. This way, the injury should have
happened because the employee was acting under the obligations of the job. E.g.,
if an employee is injured while working on a laptop at home or by a fall while
working, the employee may receive their deserved compensation.
Eligibility for Workers’
Compensation while working remotely
To be eligible for
workers’ comp benefits while working remotely, you must meet the following
criteria:
● It would help if you were working for a company
or enterprise that has a policy allowing workers to telecommute.
● You should be performing duties within the
scope of your job as described by your company/enterprise.
● It would help if you worked at a location
approved by your company or enterprise.
● You must show that you were injured while
performing work duties and that your injury was due to something unrelated to
your job.
● You or your attorney is also required to bear
the burden of proof, i.e., you should provide evidence that you were working
when you were injured. Providing records of your work activities, such as
emails, does it or chat logs. If you are unable to provide this evidence, you
may still be able to file a claim if you can provide
How to file a Workers’
Compensation while working remotely?
As stated previously, if
you are injured or become ill while working remotely or working from home, you
can file a workers’ compensation claim. To file a workers’ compensation claim
while working remotely, you need to follow the following steps:
Step 1
Immediately report your
employer of the injury. One of the most critical steps in receiving workers’
compensation benefits is reporting your injury to your supervisor as quickly as
possible. Not only does this allow your company to begin the necessary
paperwork, but it also starts the process of getting you the medical care you
need.
Step 2
Your employer will give
you all the necessary documents, along with the required workers’ comp form.
You should fill out this
claim form immediately. You can either send the form through the net or post
it. Remember to encompass all the applicable information, including the date,
time of the injury, and the damage’s characteristics. You can also want to
offer clinical documentation.
Step 3
Next follows the most technical
step; you now need to file a Workers’ Compensation claim with your state’s
Department of Labor. The employer usually takes responsibility for filing the
claim for the employees. However, remember that they are not always required to
do so.
Step 4
Finally, you should
contact an attorney specializing in workers’ compensation law to help guide you
through the process. The lawyer can help you file a claim, negotiate with the
insurance company, and represent you in court if necessary.
If you have any questions after reading this
article, please do not hesitate to contact us at (562) 561-2669/(213) 732-3436,
our office, for a free consultation, or visit us at Gaylord and Nantais
Attorneys at Law.
#workercompensationattorney
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