You are eligible for workers’ compensation if you are injured on the job while working from home, but your case may be complicated. You can expect most employers to try to dispute that you were “at work” at the time of the injury.
This is because:
- The line between what is work-related and what is personal is often blurred in a remote workplace.
- There are rarely any witnesses to a home workplace injury, nor is there usually any footage of the accident.
- Sometimes, proving you were “on the job” at a given date and time may be difficult.
- Repetitive stress injuries are covered, but you may need to show that you didn’t attain them any other way but through work. This can be difficult in an office job if you also use computers at home for recreation.
You will have a more successful claim if:
- You establish regular working hours with your employer and work within those hours.
- You can explain exactly how the activity you were engaged in benefitted the employer at the time of the accident.
- You use a designated workstation, especially if the injury occurred on, in, or around your workstation.
- If your employer uses any monitoring software or requires you to log in to special systems during the day, you can use that data to support your claim that you were at work.
- You work at home regularly and on a regular schedule. Checking the occasional email or taking the occasional call from home does not count.
Workers’ compensation should cover small breaks during working hours. For example, you can get up to go to the restroom or get a cup of coffee without fearing losing your coverage.
If you are injured on the job, report the injury to your employer in writing, seek medical attention immediately, and fill out Form C-3 ASAP. Return Form C-3 to the Workers’ Compensation Board. If you have an injury but not an emergency, be sure to go to a doctor that’s been authorized by the Workers’ Compensation Board and check to see if your insurance company has a PPO. You must see the doctor in the PPO for at least the first thirty days.
If your work-from-home injury claim is denied, don’t discuss it with your employer. Retain a New York workers’ compensation attorney who can help you navigate the complex pitfalls of your case. Refer your employer and your employer’s attorney to your own lawyer. Avoid posting anything whatsoever to social media.
If your claim gets denied, don’t hesitate. Contact our offices to get help today.