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Is Workers’ Comp Available for Remote Employees Injured at Home?
In recent years, the rise of remote work has become a prominent feature in the workforce. More employees are working from home than ever before, and with this shift comes new concerns about employee rights, especially when it comes to workers compensation claims.
If you’re working from home and are injured while on the job, you might wonder if workers compensation benefits are still available to you.
At Slape & Howard, located in Wichita, Kansas, we understand the challenges you may face as a remote employee, especially if you’ve been injured while working from home. We’ve helped clients across Kansas manage workers compensation claims and fight for fair compensation.
If you’ve been hurt while working remotely, reach out to us to learn more about your rights and how a dedicated workers compensation attorney can assist you in obtaining the benefits you need.
Can Remote Employees Receive Workers Compensation?
While remote employees aren’t working in traditional office settings, they’re still considered employees of their respective companies. As such, they’re entitled to workers compensation benefits if they’re injured during the course of their employment, regardless of their work location. This can include injuries sustained while working from home.
The key issue in these cases is whether the injury occurred while performing tasks related to the employee's job. As with any workers compensation claim, the injury must arise out of and in the course of employment. It’s important to understand that just because you work from home doesn’t automatically mean you won’t be eligible for workers comp.
The Specifics of Workers Comp for Remote Workers
Remote workers aren’t exempt from workers compensation coverage. However, the specific circumstances surrounding the injury can play a role in determining whether the injury is compensable. Here are a few factors that workers compensation attorneys consider when assessing remote workers claims:
Work-Related Injury
Was the injury sustained while performing tasks directly related to the employee’s job duties? If you’re working from home and hurt yourself while completing a work-related task, like typing on a computer or attending a virtual meeting, you may be eligible for workers compensation.
Work Environment
Did the injury occur in a space set up for work purposes? If you’re working in a designated home office space that’s equipped for job-related activities, the injury is more likely to be considered work-related. However, if you’re injured in an area unrelated to work, such as in the kitchen or bathroom, it may complicate the claim.
Equipment Used
Is the injury related to the equipment provided by the employer? If you were using employer-provided equipment (e.g., a company laptop, desk chair, or phone) when the injury occurred, it might strengthen your case for workers compensation.
Employer’s Role in the Injury
Did the injury result from unsafe working conditions that the employer may have contributed to? For instance, an employee might suffer an injury due to improper ergonomic equipment or a lack of safety training provided by the employer, both of which could be considered compensable under workers compensation laws.
If you find yourself injured while working remotely, a workers compensation attorney can help you determine whether your injury is compensable and guide you through the claims process. Reach out to Slape & Howard to discuss your case today.
How Do Employers Handle Remote Worker Injuries?
Employers are required to maintain workers compensation insurance to cover injuries that occur in the workplace, whether that workplace is located in an office or at home. However, there may be nuances in how claims are handled for remote employees, and this can vary from state to state.
In Kansas, employers are required by law to provide workers compensation coverage to all employees, including those working remotely. That said, it’s important for employers to establish clear guidelines on what constitutes a work-related injury for remote workers, as well as what is expected of employees in their home office setups.
Some companies may also choose to provide additional resources to make sure their remote employees have a safe work environment. This can include ergonomic furniture, regular safety check-ins, and virtual training on how to prevent work-related injuries.
If your employer hasn’t provided these resources or neglected safety in your home office setup, this might strengthen your workers compensation claim.
Steps to Take If You’re Injured While Working From Home
If you’re injured while working remotely, taking the right steps is crucial to making sure you’re compensated appropriately. Here’s what to do if you’re injured while working at home:
Seek medical attention: Your health is the top priority. Get immediate medical attention if necessary, and keep records of any diagnoses or treatments related to your injury.
Notify your employer: Let your employer know about the injury as soon as possible. It’s important to notify your employer promptly in order to avoid any issues with your workers compensation claim later on.
Document the incident: Keep detailed notes about the circumstances of the injury. Document what you were doing at the time of the injury, the equipment involved, and any other relevant factors. If possible, take photographs of the area where the injury occurred.
Report the injury: File a formal workers compensation claim with your employer or their insurance provider. Make sure all necessary documentation is submitted in a timely manner. Missing deadlines can result in a denial of your claim.
Consult a workers compensation attorney: If you’re unsure whether your injury is compensable or if your claim is denied, it’s a good idea to speak with a workers compensation attorney. They can help you understand your rights and guide you through the process of securing the benefits you need.
If you’re unsure of how to move forward with your claim, contact a workers compensation attorney. At Slape & Howard, we assist employees across Kansas with workers compensation claims. We’re here to help you every step of the way.
What to Do If Your Workers Compensation Claim Is Denied
If your workers compensation claim is denied, it can feel like a setback, but it’s not the end of the road. Denial of claims is unfortunately common, but there are several options available to appeal the decision.
Some of the common reasons for denial of a workers compensation claim include:
Lack of sufficient evidence that the injury occurred during work hours or in a work-related activity.
Failure to meet reporting deadlines.
The injury occurred outside of the designated work area (e.g., the kitchen or bathroom).
If your claim is denied, it’s important to consult a workers compensation attorney who can help you file an appeal. With the right legal representation, you may be able to present additional evidence and secure the benefits you need.
Contact an Experienced Lawyer
If you’ve been injured while working remotely, don’t let confusion or uncertainty stop you from getting the compensation you’re entitled to. At Slape & Howard, we understand the details of workers compensation law, especially for remote employees.
Working from home can create unique challenges when it comes to workplace injuries. Determining what qualifies as a work-related accident, documenting the incident, and managing the claims process can be confusing without professional guidance.
Our firm of dedicated workers compensation attorneys is here to help you get the support you need. Reach out to us today, and let’s start working on your claim. We proudly serve clients in Wichita and throughout Kansas. Contact us at Slape & Howard now for a consultation.