Can You File a Workers’ Compensation Claim if You’re Injured When Working From Home or Anywhere Outside from Work
Since the coronavirus pandemic started in early 2020, America’s work-life has changed dramatically. Stay-at-home orders have created a new work reality where homes are now offices. This change raises an unexpected issue, what happens when an employee is injured while working from home? What happens if you have to go to the store to pick up office supplies or make an errand to the post office due to your job responsibilities? What happens if your in a auto accident or in route to the Post Office?
The short answer: if an employee is injured when working from home, driving to or from the post office or any other activity during the course of employment or arose from employment, they may have a valid workers compensation claim.
Work From Home and Workers’ Compensation Criteria
In California, an employer must provide workers’ compensation benefits to employees by paying workers’ compensation insurance to licensed insurances in the state or the State Compensation Insurance Fund. It doesn’t matter how many employees an employer has. Every employer has to purchase workers’ compensation insurance.
Workers’ comp helps employees who suffer work-related accidents or when job conditions make an employee ill. It covers medical costs, lost wages, and potential compensation for permanent impairment and job retraining.
Traditionally, typical workers’ comp injuries occurred from car or truck accidents, falls, and lifting or moving objects. An injured employee must show is that the injury or trauma was connected to work. The legal terminology used is that the injury “arose out of employment and occurred during the course of employment.” The U.S. Occupational Safety and Health Administration determined that illnesses or injuries are work-related if an event or exposure in the work environment either caused the injury or contributed to it.
With the majority of Americans working from home, the question of whether an illness or injury is work-related gets trickier, but not impossible. There is no requirement that an injury occurs on the employer’s premises. The real focus is only on whether the employee was performing a job-related duty. In fact, Courts have even ruled that an employer’s lack of control over the employee’s home-based work premises is irrelevant.
The sticking point will be proving that an injury at home is work-related. This can be difficult because the injury could have theoretically happened at home on a day when the person wasn’t working.
Work-From Home Related Injuries
Remote and telecommuting workers will typically be covered under workers’ compensation laws if the injury arises out of and in the course of employment.
If the injury or illness occurred at home or anywhere else outside of the workplace or office, these questions would help determine whether an injury is work-related. However, it’s always best to consult with the experienced attorneys at Castillo & Associates at Castillolaw.us. We have offices throughout Southern California: Pomona (LA County) Riverside, Coachella Valley, Indio, Imperial Valley, Cathedral City and San Diego in the Mission Valley area.
- Was the employee injured during working hours? Even he did work outside of work hours and the employer knew about it, it will be covered.
- Did the employer benefit from the action that resulted in injury?
- Did the terms of employment require the employee to engage in the activity that led to injury?
- Did the employer approve the off-site activity in advance?
For example, suppose you can’t work because you contracted COVID-19 or were exposed on the job. In that case, you might be eligible for workers’ comp benefits. However, it will depend on whether the employee was exposed while working. California had extended an executive order with a presumption that any employee contracted COVID-19 within two weeks after working on-site was eligible for workers’ comp. However, it was only for a limited period, and so you should check with the attorneys at Castillo & Associates, Workers Compensation Legal Experts.
Another example of a work-related injury that could occur at home is carpal tunnel syndrome. Carpal tunnel and other repetitive stress injuries are covered by workers’ compensation insurance. When an employee performs the same repetitive movements at home that they would otherwise perform at the office and is injured in the process, then it may be a straightforward case for coverage.
Whether an injury is a work-related incident will heavily depend on the facts of any particular case. Yet, Courts usually side with the injured employees in compensation disputes. If you are injured on the job, it would be best to preserve any documentation that shows how you were injured. Also, speaking with a knowledgeable attorney can help you determine the best course of action.
Also, under workers’ compensation claims, it is important to remember that even if your conduct contributed to the injury, it might still be covered. Despite fault, injuries are usually covered. However, workers’ compensation won’t usually cover injuries that occurred because the employee was drunk or using illegal drugs.
Contact an Experienced Attorney
California’s workers’ compensation attorneys at Castillo & Associates are available to speak with you about your legal rights and potential options if you have been injured on the job, even if you were working from home. We invite you to schedule a free consultation to discuss your options, at no cost to you, by calling 800-497-9774.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
