Due to the COVID-19 crisis, many companies in the United States decided to ask their employees to do their work from home. The goal was to maintain physical distance and prevent the spread of the virus. But what happens if an employee is injured working from home? Can the employee make a workers compensation claim?
If an employee suffers an accident or injury in the performance of their work from home, they can apply for workers’ compensation. However, unsurprisingly, eligibility for workers’ compensation benefits will depend on what they were doing when they were injured.
The general rule of thumb for applying is that it doesn’t matter whether the employee is working in the office, at home, traveling, or on the road for business. Whenever an employee is injured while performing work activities or tasks for their employer, they are entitled to a workers’ compensation claim, regardless of location.
Most people who work from home do it by computer, which is easier for remote work. But this can cause unique work problems, especially since the employee may not have the appropriate and comfortable equipment to perform their tasks. If the employee has any difficulty or danger at home, they should send an email to their company’s human resources department. In this email, they must clearly state the limitations or risks they have and send photos or videos of the workspace to leave evidence.
Evidence is crucial when a telework injury is suffered since there are generally no witnesses, making it more difficult for the damage to be adequately connected to work. In addition to photos and videos, you need to document what happened in great detail, report the injury to your employer immediately, and seek medical treatment without waiting.
If you have a work injury while working at home, Grupo Via Dorada’s bilingual team is here to help you file your workers’ compensation claim. Remember that it is ideal to have legal advice at your side to ensure the benefits that you need and deserve. We are available to answer any inquiries about your claim by phone; please do not hesitate to contact our office.