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Seasoned Sacramento Injury Attorneys

Can Remote Employees Qualify for Workers’ Compensation?


Just before the COVID-19 pandemic really took hold in the U.S. last year, we wrote a blog article about how telecommuting for work was already on the rise. The government-mandated lockdowns and ban on public gatherings turned millions of career office workers into remote employees overnight.

Jobs that weren’t remote-optional before the pandemic became remote-mandatory after it hit. Even as the state plans to lift most of its still-existing restrictions by mid-June, some employers have told their employees that work-from-home arrangements are here to stay.

Yes, Employees Working from Home Are Covered

When it comes to working from home, an employee’s rights don’t change very much at all. That includes their right to file a workers’ compensation claim and pursue benefits for a qualified injury that occurred while working, even if it happened in their own homes.

The problem with filing such a claim as a remote worker, however, stems from the fact that the employer has little control over the employee’s work environment. The employer can’t manage trip hazards from an untidy home, the use of the employee’s own furniture for office work (which may not be ergonomic or protect against back or neck injuries), as well as the potentially endless list of other hazards one can face at home while on the clock.

When an employer has such little control over your surroundings and working conditions, it may become more difficult for you to prove your injury happened because of your work – but it’s not impossible.

Proving Your Workers Compensation Claim When Working from Home

When you are injured at work, the first thing you should do to establish proof is to contact your employer to document the incident. Your employer is still responsible for collecting these reports, so notify a supervisor via phone call, email, or instant messaging as soon as possible.

After you have notified your employer, file a claim for workers’ compensation benefits. You can strengthen your claim by submitting documentation that can help you demonstrate that your injury occurred while you were working and as a result of working.

Consider adding documentation such as the following to your claim:

  • A timesheet documenting your work hours
  • Any communications with your employer regarding the accident
  • Photographs of the scene where the accident occurred (if appropriate)
  • Paystubs, medical records, and hospital bills
  • A medical expert’s opinion on how the injury occurred
  • Eyewitnesses to the accident (if any)

We Fight for Employees Like You

On its own, supplying even the best evidence that demonstrates your injury occurred while you were working may not be enough to get the compensation you deserve. If you are a remote employee who needs to file for workers’ compensation, you might find yourself facing an uphill battle to get even a dime of benefits.

Rest assured that you can fight for the fair settlement you deserve with help from our experienced attorneys at Smolich and Smolich. We’ve been able to assist clients like you in their pursuits for fair and just compensation for workers’ compensation claims. Many have been able to achieve agreeable results that helped them manage the financial strain their injuries caused.

If you’d like to learn more about how we can help, call us today at (916) 571-0400 to schedule a consultation.