While working from home is a not a new idea, advancements in technology and a move towards a more globalized economy have led to an increase in the demand for workers to be able to work remotely from home. In the digital age in which we live in, e-mail, video conferencing, and remote access have made it possible for people to work from just about anywhere.
There are many advantages to “telecommuting” for employers and employees alike. While employers can save money by a reduction in overhead costs and increased employee productivity, employees can save money on the costs of commuting, wear and tear on vehicles, and out-of-pockets expenses for clothing and food.
But, what happens if you’re injured while working from home? Are you covered under workers’ compensation? Generally speaking, employees who work from home or telecommute are eligible for workers’ compensation benefits if their injury “arises out of” and occurred “in the course” of their job.
However, employees bear the responsibility for proving that their injury is work-related — what was the employee doing at the time of the injury, when and where did it occur, and what were the circumstances surrounding the accident.
Your employer might disagree, but…
In workers’ compensation cases involving employees who were injured while working at home, the issue of liability is essential to the success of the claim. While many employers have argued that they have no control over the conditions that exist in their employee’s home-based work environment, courts have generally found that to be irrelevant.
Employers can try to limit their workers’ compensation liability for telecommuters by taking steps such as:
Limiting the parameters of the ability of employees to work from home by placing restrictions on the specific locations that they are permitted to work in their home.
Limiting the number of hours an employee is permitted to work at home.
Conducting periodic checks of home-based work sites to identify and eliminate possible safety hazards
Identifying appropriate employees for telecommuting
In general, an employer is still charged with the responsibility of providing a safe and hazard-free work environment for telecommuters under his or her employ as would be provided for those who work on-site. However, it’s important to be aware of any practices that your employer has implemented to reduce their liability for a workers’ comp claim.
Enlisting the services of a worker’s comp attorney early in the claims process is crucial to the success of your case. Obtaining legal representation at the beginning of the claims process ensures that your benefits will flow smoothly. Employers and their insurers spend a lot of time and money in an effort to minimize their liability and expenses in a workers’ comp claim.
Material facts
Accidents that occur to employees who work from home are going to require more proof that the accident was work-related. These types of claims are more likely to be contested by the employer’s insurance company and attorney. At Gold Country Workers’ Compensation Center, workers’ compensation lawyer, Kim LaValley, has experience when it comes to the worker’s comp laws as they apply to telecommuters’ rights to workers’ comp benefits.
If you’re looking for workers’ comp attorneys in Grass Valley, CA, Kim LaValley should be at the top of your list. With over 35 years of experience in workers’ comp and disability law, we will work on your behalf to ensure that you’re getting all the benefits that you deserve.
