Workers’ Comp for Remote Workers
April 12, 2021
Working from home has its perks, but it also comes with some drawbacks. As a workers’ compensation lawyer can explain, if you are injured while working from home, it could complicate the workers’ compensation process. Can you receive compensation as an at-home worker? It depends.
When Does the Workday Begin?
Some employers of at-home employees have a particular time the employee has to clock in for the day. If that employee works remotely doing door-to-door sales and his or her office is in the home, clocking in might consist of pulling out of the driveway en route to the first call. It’s also possible the employer would require clocking in to be at a certain time in the morning while the employee makes phone calls in the office. In any case, you have to consider whether you were officially clocked in at the time of your injury. If you weren’t, you might not be entitled to compensation.
What Were You Doing?
Think about what you were doing at the time of your injury. Was it in line with your job duties, or were you doing something for yourself? For example, if you were sitting in your home office making phone calls when the roof collapsed on you, you could likely seek compensation for the sustained injuries. However, if you were taking a break and you were outside watering your garden when you tripped and fell over the hose, you would likely not be able to claim workers’ compensation.
You also need to keep in mind that even if you were doing a job-related duty, not every injury qualifies. For example, if you were intoxicated while trying to perform your job, and your injury was a direct result of being intoxicated, you likely wouldn’t be entitled to compensation.
What Is Your Role?
Not every at-home worker is an actual employee. You can only receive compensation as someone actually employed by the company. If you are on the company’s payroll and you have a boss that determines your hours and pay rate, you qualify as an employee. If you have more flexibility in those areas, you might be considered a consultant or a freelancer, and those types of professionals are typically not true employees; therefore, they would not be entitled to workers’ compensation.
Asking a Lawyer to Help
When you’re injured while performing your work duties, it can get frustrating until you realize you are entitled to workers’ compensation. As an at-home worker, you have to meet certain requirements before you can obtain that compensation. To learn more about it or to get your claim started, it could help to contact a workers’ compensation lawyer.
