Workers Compensation And Telecommuting

22 August 2018
 Categories: Law, Blog


If you're telecommuting for your employer and are injured on the job, then you have the same rights to workers compensation as any on-site employee. That means that if you're injured while engaging in the course of your work, then you are entitled to benefits. The law doesn't differentiate in regards to the location of the accident, but it may be difficult to prove whether or not your injuries are work-related when you're working at home. Here are some things that can help boost your chances of proving that your injuries occurred while you were working.

You are Classified as an Employee

This means that you have to be a regular W-2 wage or salaried employee, not an independent contractor. Independent contractors are considered to be working for themselves and are not eligible for workers compensation. However, some employers misclassify workers as independent when they should be a regular employee. Check your classification before agreeing to telecommuting.

You Were on the Clock

If your job has set hours, then you will have a better chance of proving your case if the accident occurred while you were on the clock. If your boss has spelled out rules about break and lunch times, then you must show that you weren't on any type of break when you were hurt. If you have specific work hours, also be careful about working outside of your normal work hours without authorization, as it could make your case harder to prove.

You Were Actually Engaged in Work

You must actually be doing work at the time you were injured. Even if the injury is caused by a pet or a child in your home, you still have a case if you can prove that you were in the process of working. If you're someone who likes to do things like housework or cooking when times are slow, and you get injured while doing these activities, then your injuries could be labeled as not work-related. You would likely have to prove that your employer approved of you engaging in these activities during slow work periods.

When you work at home, it's on you to prove that your injuries occurred while you were working. Because you are working without supervision, you must be convincing as to how the accident occurred on work time. After any accident, make detailed notes as to what happened. If you were injured while working at home, and are having trouble getting your workers compensation claim approved, talk to a workers compensation attorney and see if they can help.

Talk to professionals like Oxner + Permar, PLLC to learn more.