Remote Work and Workers' Compensation Claims: What You Should Know

Remote work has seen a meteoric rise, driven in part by technological advancements and the COVID-19 pandemic. Companies worldwide have adopted remote work policies, and many have even embraced it as a permanent solution to the post-pandemic related concerns. With many employees now able to apply for jobs and work far outside of their geographic limitations, the traditional boundaries of the workplace have blurred, raising important questions about how workers' compensation applies. 

Generally speaking, if an employee is injured while performing work related duties, they are eligible for workers’ compensation benefits whether or not this occurred at home, or at the employer’s place of business. This has created challenges for injured workers in demonstrating that injury or illness was in fact work-related.

When an individual sustains an injury within the employer’s place of business, it is easier to prove that the injury was caused by a specific work-related activity. The opposite is true regarding remote employees. This begs the question:

What If I Get Hurt While Working Remotely?

In California, employers are required to provide workers’ compensation benefits to all employees if their injury or illness arose out of, and in the course of employment (AOE/COE). Regardless of whether or not the injury occurred at home, or at the employer’s place of business, the injured worker maintains the burden of proving the injury or illness is the result of work-related activities.

This can become more difficult based on the nature of the injury asserted. Common work-related injuries include:

1.     Injury caused by repetitive strain
2.     Pain caused by a lack of ergonomic equipment.
3.     Slip and falls.
4.     Cuts and Burns.
5.     Mental Health Issues.

With the climate changing within workers compensation law, and amendments/regulations being created on an ongoing basis, it is important to know what your rights are. For an in-depth discussion related to what to do when you are injured at work, please refer to our blog.

If you or someone you love believe to have suffered a work-related injury, please do not wait! Schedule a free consultation with an experienced attorney with Sentry Legal Group by sending an email or calling us (818) 824-8884.