- October 29, 2024
- Tucker Law
- Work Injury
Are remote workers covered by workers’ compensation? If you’ve developed an employment-related injury while working from home, you may well be wondering about this.
Since the onset of the pandemic several years ago, remote work has become commonplace in many industries. While most employees seem to view this as a positive development, it has led to friction and uncertainty in some aspects of employment relations – including workers’ compensation.
While your employer (or its insurance company) might try to persuade you that your remote work status makes you ineligible for workers’ comp benefits, this is not the case. In this post, we’ll explain how you can fight for your right to compensation after a work injury you’ve sustained at home.
Are Remote Workers Covered by Workers’ Compensation?
Just about every company in New York is required to carry workers’ compensation insurance, and this coverage extends to remote workers under current rules. So, in theory, there’s no difference between onsite and remote workers when it comes to workers’ comp – you should be entitled to coverage no matter what category you fall into.
In practice, however, things can be more difficult for remote workers, as you could find it harder to prove that your injury is work-related. There are a few reasons for this, which we detail in the next section.
Challenges for Remote Workers Filing a Workers’ Comp Claim
First, in an office environment, you’re being observed by coworkers, superiors, and potentially even cameras throughout your working day. At home, this isn’t the case. So, if something goes wrong, you could have a much harder time confirming your story.
Second, the majority of work injuries sustained by remote employees are repetitive strain injuries – conditions (like carpal tunnel, for instance), that arise gradually, rather than from a single incident. Proving these kinds of workers’ comp cases can be difficult even in an office setting. Insurers will often try to claim that repetitive strain injuries come from non-working activities (such as lifting weights) in order to avoid paying out for them.
However, even accident-related injuries can be harder to claim for if you’re a remote worker, as the lines between working hours and non-working hours often blur. If you’re walking from your office to your kitchen to make a cup of coffee during the day and you fall down the stairs, is this a work-related injury? In an office, there would be little controversy here – in your own home, however, it’s not so straightforward.
Insurance companies will exploit any ambiguity they can, and remote work often makes this much easier for them.
Tips for Filing a Successful Work Injury Claim as a Remote Worker
Filing a workers’ comp claim may be tricky, especially if your employer or its insurance company tries to make things more difficult for you. However, there are a number of steps you can take to maximize your chances of success.
Report the Injury Immediately
Workers’ compensation rules in New York require you to notify your employer about your injury within 30 days, but the sooner you do it, the better. Prompt reporting helps establish the timing of the injury and shows that you’re taking the incident seriously.
If your injury is related to repetitive motion, you should see a doctor as soon as you realize it has become a problem. If your doctor indicates that the issue may be work-related, report it to your employer right away.
Document Everything
Record the date, time, and details of your injury. Save any relevant work communications, such as emails or meeting invitations, to show you were actively working when the injury happened. Photos of the injury and your work environment can also be helpful, depending on the circumstances of the injury.
Seek Medical Attention Right Away
Getting medical treatment immediately after an injury not only safeguards your health but also provides documented evidence that can support your claim. Make sure to inform your doctor that the injury is work-related, and keep copies of all medical records.
Consult a Workers’ Compensation Attorney
Going up against an insurance company is never easy, and your offsite working status could make things even harder. To level the playing field, you need to work with a firm of workers’ compensation lawyers with a strong track record of delivering results for people in your position.
Contact us today to discuss your case. We offer free, no-obligation consultations, so you won’t need to worry about wasting money if your claim isn’t solid.
Filing for Workers’ Comp as a Self-Employed Person
If you’re self-employed, you’re not legally required to carry workers’ compensation insurance. So, if you don’t have it, you won’t be entitled to workers’ comp in the event of a work-related injury. However, if you sustained an injury because of a defective piece of work equipment, you might be able to sue the manufacturer or retailer of the product in question.
Product liability claims hold manufacturers accountable for producing unsafe products and could result in compensation for your medical bills, lost wages, and pain and suffering.
To succeed in a case like this, you’ll need to prove that the product was defective and that the defect directly caused your injury. Say you developed back pain because of your supposedly ergonomic office chair; you’ll need to show that the chair wasn’t produced according to its design or that the design itself was faulty. Then you’ll need to highlight the link between this fault and your injury (this process typically requires the input of an independent expert).
As you might imagine, this is all difficult to achieve without the assistance of an attorney. If you’d like to learn more about how you might pursue a case like this, you should get in touch with one of our product liability lawyers.
Overcoming Common Misconceptions About Workers’ Compensation for Remote Employees
Filing a workers’ compensation claim when you work from home can be tricky, but it’s not impossible. Insurance companies know that the average New York employee isn’t well-versed on the rules in this area, and they try to use this uncertainty to their advantage when the time comes to respond to claims. Don’t let this strategy get between you and a successful payout on your claim.
If you’re not sure how best to pursue workers’ compensation, or you’ve already received a claim denial, we can help. Contact Tucker Lawyers today to schedule a free initial consultation about your case. You can reach us via our online form or over the phone at (516) 399-2364. Don’t delay – the sooner you start the process, the better your chances of success will be.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]