Working from home, or telecommuting, is quickly becoming the norm for millions of Americans. Approximately half of U.S. jobs can be done through telecommuting, and many employers who were resistant to telecommuting have begun to let employees work from home at least some of the time.
The benefits of telecommuting are pretty obvious for most workers who want to utilize this option: No driving (especially during rush hour), no need to pack your lunch or dress up, and more flexibility to work when and how you’d like to.
But telecommuting is still relatively new, and it raises many questions about some aspects of the work experience that are clearer in a shared workplace setting. For instance, is an employee eligible for workers’ compensation benefits if they get injured while working from home? The answer to this and many related questions is: it depends.
The Two Criteria for Workers’ Compensation Coverage
In any work setting there are two criteria that must be met for an injury to be eligible for workers’ comp. First, the injury must have occurred within the course of employment, generally meaning while the employee was working.
Second, the injury must arise out of employment, meaning that when the injury occurred, the employee was either doing a work-related task or otherwise acting in the employer’s interest.
These conditions are fairly straightforward in an office setting, but they are considerably murkier when working from home. The line between work time/tasks and personal time/tasks can easily be blurred. Moreover, it’s not always clear what qualifies as personal vs. work-related. For instance, you would take bathroom breaks both at home and at the office (as well as during personal time). But if you slipped and fell on your way to your home bathroom, would it be a work-related injury?
Why You May Want to Work With an Attorney
Truth be told, many workplace accidents and injuries are not obviously compensable or non-compensable. They exist in a grey area, which is why it is helpful to have an attorney assist you in filing a claim and crafting an argument for why the injury qualifies for coverage.
Injuries sustained while telecommuting are even murkier, meaning that employers and workers’ comp insurers are going to look for any reason to reject claims. Having a workers’ compensation lawyer on your side could make it far easier to present a compelling case for coverage and to demonstrate to others that you are serious about asserting your rights.
A good attorney is also going to be familiar with the nuances of state law and any relevant case law that could support your claim. These can be powerful resources when dealing with a bureaucratic system that too often fails the very workers it is supposed to serve.
Contact Us Today To Discuss Your Case
Legally speaking, you don’t need a lawyer to file or appeal a workers’ compensation claim. But from a practical perspective, it can make a huge difference in the process and outcome of your case. To discuss your options with a skilled attorney, like a Newark work accident lawyer from Rispoli & Borneo, P.C., call today to arrange an initial consultation.