Can I Claim Workers’ Comp While Working From Home?

The concept of work, as we all know it, is changing. Following the COVID-19 pandemic outbreak,  more people are now adopting remote work. However, working from home comes with many changes for employees and employers alike.

This article explores what it means to get workers’ compensation and explains when and how you can claim workers’ compensation when working from home. A Charlotte workers’ comp attorney is always available to help.

Understanding Workers’ Compensation 

You are entitled to workers’ compensation if you were injured on the job or developed an illness because of a work-related task. Whether an organization has four or four thousand employees, they should have Workers’ Compensation Insurance for their workforce.

This means that your employers need to pay you workers’ comp whether you are working at the office or working from home. It should not matter if you are running a work-related errand, meeting with a client, or answering work emails in your house. What should matter is whether or not your injury was work-related.

The following questions will help you establish if you had a work-related injury:

  • Did my employer require me to engage in the activity that caused me to fall ill or get injured?
  • Do my employers approve of my remote work?
  • Did my employer benefit from the actions I was carrying out when the injury or accident occurred?

You are typically entitled to workers’ compensation if you can answer these questions in the affirmative. Whether or not your negligence caused the injury is usually a moot point as long as it occurred when you were working. Speak to a North Carolina workers’ compensation lawyer about it.

Does Workers’ Comp Cover Telecommuters?

Are you wondering if telecommuters are part of the remote workers who should receive workers’ comp? Yes, they are. Before everyone else transitioned to remote work, telecommuters had begun remote work. Many telecommuters do not have an office and never have to work on-site.

If you are a telecommuter, you are entitled to workers’ compensation as an employee who works on-site. If you ever develop an illness or suffer an injury while on the job, you can file a workers’ compensation claim.

Does Workers’ Comp Cover Independent Contractors?

The short answer is no. Unfortunately, workers’ compensation does not cover independent contractors simply because many people work remotely. North Carolina laws do not require employers’ insurance coverage to extend to independent contractors.

When you sign a contract for a new job, you should note what it says. If it classifies you as an independent contractor working from home, you will likely not receive workers’ compensation. If you realize that your organization wrongly calls you an independent contractor in your contract, you should immediately contact a Charlotte workers’ compensation attorney.

Filing a Workers’ Compensation Claim While Working Remotely

While many employers will ensure that you get your workers’ compensation if you’re injured or fall in on the job, many would also try to evade the process. They see workers’ compensation as a technicality that can be skirted by whoever is bright enough. That’s why we are here. Employees should ensure that they appropriately compensate every worker when they are hurt on the job, whether they’re working from home or on-site.

If you get injured or fall ill as a result of your job while working remotely, you should do the following:

  • Preserve Evidence

Keep any evidence that shows how you sustained your injury and how it occurred while you were on-the-job. You might want to take pictures or write an account of what happened to ensure that you have all the details.

  • Fill Workers’ Comp Forms

Request and fill the worker’s compensation insurance forms as soon as possible. You do not need to request physical copies as your office can e-mail them to you; you will then fill and send them back.

  • Speak to Workers’ Comp Lawyers in Charlotte, NC

If you do not hear back from your employers or their insurance company, you should contact a North Carolina workers’ compensation lawyer. They will ensure that the organization is not sidetracking you or robbing you of your compensation.

Contact a Charlotte Workers’ Compensation Attorney

Proving that you sustained an injury while working remotely might be pretty hard to do by yourself. Your employers and their insurance company could argue that a work-related task did not cause your injury. However, a professional workers’ compensation lawyer will establish the cause of the incidence and ensure that you get the compensation you deserve.

Have you sustained an injury while working from home? Do you know someone who has fallen ill, and their illness is a direct result of their work? Contact a Charlotte workers’ compensation Lawyer at 1Charlotte today, and we will advise you on the best course of action to take.

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