Since the COVID-19 pandemic began over a year ago, thousands of California workers have transitioned to working from home. Work injuries can still happen even when employees are not in the office, and you might be wondering if workers’ compensation benefits extend to injuries you sustain while working remotely. Your ability to obtain this compensation will depend on several factors that you must consider to determine if you have a case.
Regardless of whether your work injury occurred at home or in the office, most workers’ compensation cases require the help of an experienced workers’ compensation attorney to obtain maximum benefits. At KCNS Law Group, our Glendale workers’ compensation attorneys have more than 40 years of experience to aid our clients.
The cause of your injury will determine whether you are eligible for workers’ compensation benefits in California. In general, employees’ injuries or illnesses are compensable under workers’ compensation if it results from their course of work. Employees have the burden to prove that they were acting within their scope of work at the time of injury.
For example, if you repair computers and work from home, you may have a case if defective tools caused your injuries. Conversely, you most likely will not have a case if you spill hot coffee on yourself at home. If you are unsure whether workers’ compensation benefits will cover your injuries, contact the attorneys at the KCNS Law Group.
The location where you were working and sustained an injury is another factor that will impact the viability of a workers’ compensation case. It may be more difficult to recover these benefits for injuries sustained at your home because of the complexity of proving that your injury is work-related. However, some courts may determine that employers are responsible for providing a safe working environment, regardless of whether their employees work remotely or in person.
Some teleworkers may decide to work in a public location. Suppose you sustained injuries at a coffee shop. In that case, you might be able to file a personal injury claim against the store, depending on the circumstances surrounding your injuries.
The frequency with which you work from home may also affect your case. If your job is entirely remote or you work from home more often than you work in the office, that might help your case. However, it might be more challenging to build a workers’ compensation injury case if you were working remotely for one day or under special circumstances. Your employer and the workers’ compensation provider may raise questions about the claim’s validity.
After an accident, you must report your injuries to your employer, file a claim, and supply supporting documentation. For an injury or illness, while teleworking, the insurance company may ask for additional information to prove you were performing work-related tasks. Some evidence you might be able to use are:
Remember, you only have one year from the accident date to file a workers’ compensation claim in California. Although, you must report the accident to your employer within 30 days.
Obtaining workers’ compensation in California can be difficult, especially if you sustained injuries while working remotely. If you are experiencing roadblocks when filing a claim for damages that occurred when you were at work, contact the lawyers at the KCNS Law Group. Our team of legal professionals can help you learn more about the workers’ compensation process and fight for you to receive the compensation you deserve. Don’t take up your workplace injury alone. Give us a call at (818) 937-9255 or complete our contact form to schedule a free consultation.
Our client-based approach is concentrated on our commitment to providing individual and strategic representation tailored to our client’s specific needs.