With the rise in technology and the ease of communicating with others online, there are more and more employees who work from home. What does this mean when someone is injured on the job? Can someone receive workers’ compensation while working in their own home for an employer? In many cases, they can.
Why Worker’s Comp Applies to At-Home Workers
Workers’ compensation applies to any employees who are performing work-related duties, with a few exceptions that vary by state. It doesn’t matter where the person is when the duties are being performed. Someone could be picking up donuts for an afternoon business break and receive compensation for a slip and fall accident in the donut shop’s parking lot.
The same holds true for an employee working from home. If that person was just returning home to work on paperwork after making a delivery for an employer, and they slipped and fell in their own driveway, their injury was obtained in the scope of employment.
Scenarios When You Might Not Receive Compensation
It’s important you take careful consideration to keep detailed notes about your incident so you can prove your injury happened during the scope of employment. For example, if you work from home and your job is contained to the computer in your office, you more than likely couldn’t win a case if your injury was sustained while you ran outside to switch the sprinklers on. Although you had been working just moments before, switching the sprinklers in your backyard isn’t a work duty, and is also outside your “office.”
If you are considered an independent contractor, you won’t receive workers’ compensation in most situations. Check to be sure you are classified correctly. If you feel the company you work for has classified you as an independent contractor, but you’re really an employee, speak with an attorney to get everything straightened out so you can file your workers’ compensation claim. If you truly are an independent contractor, most states exempt you from this benefit.
Contacting a Lawyer for Assistance
Whether you write for a marketing company, sew for an interior designer or work at home for any other type of employer, there are many cases in which you qualify for workers’ compensation. A workplace injury shouldn’t have to ruin your life, even if you do work from home. For more information, or to find out whether or not your type of employment comes with certain benefits, contact a workers’ compensation lawyer today.
Source: Workers Comp Lawyer, NY, Polsky, Shouldice & Rosen, P.C.