Workers’ compensation is a type of insurance that provides benefits to employees who suffer injuries or illnesses as a result of their work related injury. The specifics of workers compensation laws vary by jurisdiction, but in general, they are designed to provide medical expenses, wage replacement, and other benefits to an injured worker or if an employee becomes ill as a result of their work.
When it comes to remote workers, the issue of workers compensation can be a bit more complex, as there are often questions around where the injury or illness occurred and whether it was a work related injury. However, in many jurisdictions, remote employees are still entitled to workers’ compensation benefits.
In general, if remote workers are injured or becomes ill as a result of their remote work, they may be eligible for workers’ compensation benefits just as they would be if they were working in a traditional office environment. This might include injuries sustained while using company-provided equipment or while performing work-related tasks. Such injuries could be:
- carpal tunnel syndrome
- home office accidents
- a fall on loose cords while working remotely
- and more!
It’s important to note that the specifics of workers compensation laws can vary widely and there may be some variation in how workers comp laws are applied to remote workers. As such, it’s important for both employers and remote workers to be familiar with the relevant California laws to ensure that they are following best practices when it comes to providing a safe and healthy work environment.
Even a remote worker is entitled to basic requirements that an employer provides to help them execute their remote work agreement efficiently.
Does Workers’ Comp Cover Remote Workers?
Remote work and many telecommuters workers are typically covered under workers’ compensation policies if the work related injuries or illness occurs while remote employees are completing specific job duties during an employees work hours.
In most cases, the remote worker must prove an injury happened during the course of their employment, meaning that they must be able to demonstrate that they were acting in the interest of their employer at the time they became sick or injured. In certain workers compensation claim issues, it’s been shown that despite the employer not having control of an employee’s home environment, a lack of evidence is not a reason to deny a workers’ comp claim.
Furthermore, in an employer participates in remote work, like their remote employees, they are responsible for providing the same safe work environment for both their on-site workers and remote workers during work hours.
What is the Personal Comfort Doctrine?
The personal comfort doctrine relates to when an employee is injured while on a coffee break, lunch break, or perhaps using the bathroom at home. Under the personal comfort doctrine, medical costs can be covered under workers compensation if the activities are necessary for a remote worker’s personal comfort and are part of “normal working conditions.”
The doctrine applies to workers compensation for remote workers, as well.
Because work-from-home injuries can occur in a variety of ways, an employer usually leaves the details on deciding if a workers’ comp claim is valid through their insurance company.
For employers and remote workers who sustain work related injuries, it’s important for the victim to document and take photographic evidence of the remote worker’s injury and place where it occurred.
Work Related Injuries When Commuting
As many businesses move to a hybrid working model, injuries sustained during a regular commute to, and from, an office are typically not covered under a workers’ comp claim. However, an exception can be if remote employees use their home as a second workplace.
Workers Compensation Lawyers
Were you injured while working remotely? Call Lawyers for Justice, PC today so we can help you get the proper information on your workers’ compensation issue and get you what you deserve. Call: (818) JUSTICE
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