Workers’ Compensation & Remote Employees

Ever since the COVID-19 pandemic, more and more employers have allowed their employees the option of working from home. This has been a godsend for many workers, particularly disabled people who might otherwise not have a job at all – but the existence of remote work does bring up new questions and issues that must be managed. A common question asked by  employees is whether or not they are able to receive workers’ compensation benefits after an injury if they work primarily or exclusively from home.

Easy To State, Difficult To Prove

The brief answer to such a question is yes, as long as the injury occurs while you are acting within the scope of employment. However, the definition of what constitutes the “scope of employment” is often debated – sometimes in good faith, sometimes out of a wish to avoid paying workers’ compensation premiums. In general, there are only two criteria for a compensable injury: that it occurred during work hours, while you were engaged in work tasks. Proving these two facts, however, can be more difficult.

In most homes, it is quite possible to injure oneself while engaged in work tasks – for example, developing carpal tunnel syndrome after long hours at a computer, or injuring your back trying to lift office equipment or furniture. However, unless you have security cameras monitoring your every move – an option that many find distasteful – it can be difficult to prove the actual antecedents of many types of work injuries, at least to the satisfaction of a workers’ compensation insurer.

Obstacles To Overcome

Normally, when trying to establish an injury and its causation, hard evidence is required. However, the evidence proving how the injury came about is much harder to come by when working at home. Start and end times for work may be blurred; injuries like back pain might have multiple causes. It is important for remote workers to be aware of their rights so that they might react accordingly if their claims are denied.

If you are a remote worker, it may be a good idea to keep your own records of how your time is spent on the job, as well as keeping an open line of communication with your employer. The more transparent you are, the more likely you will be to be believed if you are injured at home. An attorney can also help you determine how best to handle your case moving forward – too many details can be missed trying to go it alone.

Contact An Orlando Workers’ Compensation Attorney

Even if you are not working in your employer’s place of business, you are still working, and deserve all the benefits that come with being a working employee. If you have questions or concerns about a work injury, calling an Orlando workers’ compensation attorney from the Hornsby Law Group can help to get them managed. Call our office today to schedule a consultation.