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Can I File for Workers' Comp If I Work from Home?

In today’s workforce, many employees telecommute and otherwise work from the comfort of their own home. While a home office or other type of home-work area may be considered a safe and injury-free environment, workers still suffer work-related accidents that lead to injuries.

The question for many of those who work from home is whether they can recover workers’ compensation benefits for injuries suffered while performing job duties at home. Fortunately, the general answer to this yes.

In most cases, an employee is entitled to workers’ comp benefits for any injury or illness sustained that occurred during the course of employment. In other words, in order to be eligible for benefits, you must injure yourself while doing work for your employer. So whether you work at home or in an office, you are entitled to these benefits.

However, filing a claim can be quite complex. Since the burden is on the employee to adequately show that the claimed injury arose out of and in the course of employment, specifics of the accident are critical and every claim is decided on a case-by-case basis.

If an employer and/or its workers’ comp insurance carrier choose to challenge your claim, the specifics of your injuries become significantly important. Unlike a work injury suffered in an office or factory, injuries suffered at home need to be illustrated in every detail and explained to the employer.

Need Experienced Legal Assistance?

If you are unable to work due to an injury suffered while working from home in Northern California, or got denied workers’ comp by your employer or insurance carrier, Smolich and Smolich is here to help you get the benefits you deserve. For nearly five decades, our Sacramento workers’ compensation attorneys understand what it takes help you move forward with your life.

Contact us and request a free consultation today.