Working from home is now a much more common thing because of the COVID-19 pandemic. While it may be difficult for some to keep themselves motivated and get into a work mindset from home, there is another issue that understandably worries some people.
If you get injured while working from home, can you still get compensated? How can you prove your injury is work-related?
Understanding Workers Comp Laws
Workers’ compensation is a no-fault system, which means that as long as you’re injured within the scope of employment, then it does not matter who is to blame. The major exception here is, of course, if you intentionally hurt yourself to access these benefits.
The program already covers off-site injuries because it recognizes some employees have to leave the place of employment in order to perform their jobs. This applied to couriers, telecommunications staff, and other occupations known to be on the move or make house calls.
So from a legal standpoint, you working from home doesn’t necessarily affect your eligibility for worker’s comp.
How Do You Prove Your Injury?
Since a worker’s compensation only gives benefits when the injury or illness is work-related, it’s common for the insurance company to ask the employer to prove this fact, especially in cases where the link between the two is not that clear.
If you slip at work and break your arm, that’s a clear link between your injury and your work. You have witnesses, and maybe even camera footage of the event to back you up. However, you may not have cameras in your home, or even other people to witness your accident, so what can you do?
This is a difficult question to answer. The bottom line is that if you are injured, you should notify your employer of your injury immediately, and start the worker’s comp process. Then, the best thing you can do to ensure you do get these benefits is to speak with an experiened work injury attorney who can help you prove your injury was work-related and get the compensation you are legally entitled to.
Proving your at-home injuries occurred during the scope of your employment may come down to how well you or your lawyer can argue the activity you were performing at the time was indeed work-related.
For instance, if you got up from your desk and went to another room to retrieve a document you needed for a task, it can be argued that this action was within the scope of your employment. Accidents that occurred during breaks, or outside of the home, even if you were on the clock technically, may be more difficult to prove.
Have you been injured while working from home?
Reach out to a St. Louis worker’s comp attorney at the Law Office of James M. Hoffmann as soon as possible for FREE case consultation. Call us 24/7 for legal advice on how to proceed with your case :: (314) 361–4300