More people are working from home than ever before, thanks to the limitations caused by the pandemic. As more people work from home, there have been more workers’ compensation claims involving people injured while working at home. Keep reading to find out what the law says about this, and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
The Basic of Workers’ Compensation Coverage
First, let us consider the basic criteria for being compensated via workers’ compensation. This is a no-fault system that means that if a person is injured in the “course and scope of employment,” then their employer’s workers’ compensation insurance should cover them – even if the employer was not negligent. In fact, the worker could be partially at fault and still covered by workers’ compensation.
When Workers Are Covered
Know that generally speaking, employees are covered for work-related injuries whether the injury occurs in the office or outside of it. The basic thing that must be determined is whether the injury was work-related. If you can prove that it was, then the fact that you were working from home makes no difference – your injury should be covered by workers’ compensation.
Are You Not Sure if Your Injury Was Work-Related? Ask Yourself These Questions
If you are not clear on whether or not your injury was work-related, ask yourself if your employer was benefitting from the action you were taking when you were injured. Did your employer require you to engage in this activity? Did your employer approve an off-site activity in advance? If you answered “yes” to any of these questions, then you likely qualify for workers’ compensation.
It is in Everyone’s Best Interest for Your Claim to Be Covered
If you are still working for the employer from whom you are trying to get workers’ compensation benefits, it is helpful to know that it is in everyone’s best interest for you to get the benefits. Why? Because it assures that your medical expenses and income will be paid while you recover, it means your employer does not have to worry about being sued for negligence, and it’s good for society as a whole because it means one fewer case in an already over-burdened judicial system.
There Might Be Other Options
If you are injured while working at home and it is not covered, there are options. It might be that you have a simple personal injury case. The advantage of this is that you can sue for 100% of your missed wages, and you can sue for pain and suffering, which is not true of a workers’ compensation case. However, you will be required to prove that another party was at fault for winning a personal injury claim.
If you are ready to learn more about your options, contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.