Workers’ compensation benefits are available to most employees following an on-the-job injury. Although almost every worker in the state is covered under the workers’ compensation system, you may be wondering about your rights to recover workers’ compensation benefits if you work from home. Your ability to recover workers’ compensation benefits if you were injured while working from home depends on your employment, the causes of injury, and other factors. In general, workers’ compensation benefits are available to people who sustain work-related injuries. Most injuries that occur on a physical job site are classified as work related. When you work from home and are not technically “at work,” establishing the work relation of your injury can be difficult.
If you are planning to pursue a workers’ compensation claim for injuries you sustained while working from home, you should ensure that you can demonstrate that your injury was caused by the nature of your work. For example, a writer who works from home would have a stronger case if they sustained a carpal tunnel injury caused by typing, rather than a fall or other injury that is not necessarily related to their work. There are additional factors that may impact your workers’ compensation claim if you were injured while working from home.
Are You a Freelance Worker?
Many people who regularly work from home are freelance workers. If this is true of your situation, you are likely not entitled to workers’ compensation benefits. Most freelance workers are not classified as true employees of the companies they work for — rather, their classification resembles self-employment more closely. Freelancers take on projects from different companies frequently, and therefore are often not entitled to the full benefits of employment, such as workers’ compensation.
Difficulties of a “Work from Home” Workers’ Compensation Claim
Although it is possible to recover workers’ compensation for an injury you sustained while working from home, it can be difficult to do so. You will need substantial evidence to prove that your injury is work related. It is likely that your employer and their workers’ compensation insurance company will try to dismiss the validity of your claim because you were injured while working from home. The work relation of your injury, substantial evidence, and the assistance of an experienced attorney are essential.
The legal team of Christian & Christian can help you navigate your workers’ compensation claim and represent you during negotiations. We can advise you on collecting evidence of your injuries, and can get you in touch with expert witnesses to substantiate your claims. We are available to answer any questions you may have and address your concerns.
To schedule a free consultation with our attorneys, complete our contact form or call (864) 408-8883.