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What if I get injured while working from home?

New York Workers Compensation Lawyers

With increasing numbers of employees working remotely, you may wonder if your employer’s insurance covers an injury that occurs while working from home. Since almost every state requires employers to hold workers’ compensation insurance when a business has one or more employees, your employer likely holds this coverage. Workers’ compensation generally covers any injury related to the course of your employment, no matter if it occurs on workplace premises or not. Here are a few steps to ensure you will have the coverage that you deserve.

Get Treatment and Document Circumstances

Seeking treatment is always the first step in the event of any injury, no matter where it occurs. Inform your supervisor that you have experienced an injury. If any injury is serious, call 911 and seek emergency help. If your injuries are not serious, get whatever immediate treatment is best, and plan to follow up with your physician as soon as you can. 

You will need to document the circumstances of your injury with your employer’s insurance, so it is a good idea to take notes or photos that will help you to report the situation thoroughly.

Understand Scope of Workers’ Compensation

Work-related injuries are usually covered by workers’ compensation if the injury occurs during the course and scope of your job. Most states follow a personal comfort doctrine, which means that injuries that occur while doing general activities for health and comfort during the course of the day—like using a restroom or getting a cup of coffee—will likely be covered. States and courts may vary, however, on the interpretation of work-related injuries during remote work. Repetitive motion stress from using your technology equipment all day may be applicable; however, If you take a break mid-day to go for a jog, this may fall outside the scope of your work responsibilities. An experienced attorney can help with any questions you might have as your claim proceeds.

Seek Safe Working Conditions

When you are on-site at your workplace, your employer likely takes steps to keep the workplace safe for the welfare of the staff, as well as to reduce injuries that might result in compensation. Employers have little control over the safety of any home workplace. However, your company may ask employees to sign a remote work agreement that outlines guidelines for safe working conditions at home, including ergonomics. If your employer provides safety guidelines or checklists, follow these as closely as you can.

Get Expert Advice

If you are injured while working from home, you should promptly file the workers’ compensation insurance forms provided by your employer. Be prepared to answer questions about how the injury occurred during the course of your work. If your claim is denied, contact an experienced workers’ compensation lawyer about the next steps.  

When considering legal representation options, consider locality. For example, if the work injury occurred in the state of New York, discuss your claim with New York Workers Compensation Lawyers who are licensed and have ample experience representing clients in New York, such as the firm of Polsky, Shouldice & Rosen, PC.