Because of the COVID-19 outbreak, many employees started working from home. This does not imply that you cannot experience injuries while working from home or that you cannot file for workers’ compensation. You may be eligible for compensation if you are injured while working from home.
Employers in Massachusetts must offer workers’ compensation insurance to their employees, even if they work from home. Workers’ compensation will compensate you for missed pay and medical expenses as a result of your injury. If your employer does not offer workers’ compensation, you may launch a personal injury case against them. Consult with a Worcester compensation lawyer to discover how much your claim is worth.
Can You Hold Your Employer Liable for Your Injuries if You Work From Home?
Employers can be held accountable for work-related injuries if they can be proven as such. Given that your employer cannot manage your work environment at home, they may refuse your workers’ compensation claim. The good news is that courts have found that working from home can be just as hazardous as working on-site.
For example, if you had a stress injury like Carpal Tunnel syndrome, your chances of obtaining it at home would be the same as if you were at work. However, your company may discover measures to limit their culpability when it comes to work-related injuries incurred while working from home. These include:
- Establishing telecommuting guidelines that outline expectations for remote employees.
Organizational policies that specify the protocols that workers must adhere to when working remotely.
Establishing precise times for work and relaxation.
What Steps Should You Follow if You Suffer a Work-Related Accident at Home?
Seek Medical Attention.
Regardless of how mild your injury appears, you should get medical assistance as soon as possible. It is not uncommon for people to develop medical difficulties as a result of injuries they believed were minor. For example, if you were involved in a slip and fall accident and smacked your head, you may believe you only had mild bruising while you may have sustained a Traumatic Brain Injury.
Getting medical attention also results in a medical record, which you can use as proof of treatment if your employer requests it.
Inform your employer about the injury.
Report the injuries as soon as possible so that you can plan time off to heal if necessary. If you require time off, ask your doctor for a note outlining how much time you’ll need.
Remember that reporting an injury is not the same as filing for workers’ compensation. After reporting the injury, you will need to complete all of the paperwork for a workers’ compensation claim. Your employer should provide you with a form to complete and inform you about your rights and workers’ compensation benefits. After submitting your form, the insurance company will respond within two weeks.
What Does the Law Say About Worker’s Compensation for Remote Workers?
Employers with more than one employee are required by law to carry workers’ compensation insurance. It makes no difference whether the employees work from home. If your company fails to provide insurance, it may face criminal prosecution, penalties, or fines. It makes no difference if the employer was unaware that workers’ compensation insurance was required. You might also bring a personal injury lawsuit against them to recover compensation for your injuries.
Independent Contractors Don’t Qualify for Compensation
You are not considered an employee by the state, so you are not eligible for workers’ compensation or employment benefits. You are ineligible for workers’ compensation if you work as:
- A casual laborer
Railway employee
maritime employee
Farmworker
Volunteer
Is It Possible to Make a Third-Party Claim for Injuries Received at Work?
Yes. For example, you may sue the property owner for premise liability if you slipped and fell on an uneven floor while running errands for work. Getting into a car accident while running errands for work is another scenario. To recover damages in this situation, you should file a car accident claim against the at-fault driver.
Is Hiring a Workers Compensation Attorney in Worcester Necessary?
Applying for workers’ compensation is a rather simple process. If, however, your employer rejects your claim or suggests that your injuries are unrelated to your job, you should see a workers’ compensation attorney in Fall River. Contact us to discuss your case and receive a free evaluation.
