Are You Entitled to Workers' Compensation Benefits if You Work Remotely?

Almost every company in the United States is required by law to purchase workers’ compensation insurance. The workers’ compensation system is ingrained in employment polices throughout the country — but the nature of employment is changing.

It is much more common for employees to work remotely than ever before. Are people who work from home entitled to workers’ compensation benefits?

What is the Nature of Your Employment?

To understand if you are entitled to workers’ compensation benefits as a person who works from home, you should first evaluate the nature of your employment.

For some workers, working remotely is an additional benefit of your job. You may work in an office regularly, but are able to work from home under certain circumstances. Other people work from home exclusively, but there are differences within this type of employment as well.

A person may work remotely every day, but are a full-time employee of a corporation. Some people are freelance workers or independent contractors who work from home every day but are not fully employed by any company. Rather, they take on temporary projects with different employers and may have little oversight from the business they are working for.

A worker who is employed by a corporation will likely be able to receive the same workers’ compensation benefits as any of their other employees, even if they work from home every day. Their remote work does not change the nature of their employment. Conversely, freelancers would most often not be entitled to workers’ compensation benefits because they are technically self-employed.

Evaluate Your Employment Agreement

If you believe the nature of your employment allows for workers’ compensation benefits, you should look into your company’s workers’ compensation policies. Although it may seem that you are considered a full-time employee despite working from home, it is possible that your company has a different definition of employment and the benefits that result.

Was Your Injury Work Related?

Injuries that happen while working from home raise questions about which injuries qualify as “work-related.” In a typical work environment, an injury doesn’t necessarily need to be caused by the type of work as long as it happened in the workplace or can be attributed to the job in another way. This can be difficult to prove as an employee who works from home exclusively. The best thing you can do for your case is to seek medical attention and report your injury right away, and then begin gathering evidence.

At the Law Offices of Wax & Wax, our attorneys can help you recover compensation if you were injured in a work accident. We can discuss strategies for building a strong case of your condition’s relation to your work, and help you negotiate with your employer.