Dugan & Associates, P.C.
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Are you eligible for workers’ compensation if you work from home?

It seems that “telecommuting” isn’t a fade and, may, in fact, be here to stay. Unfortunately, telecommuting puts workers into a gray area for many of their employee rights and benefits. For example, should your employer pay for your phone and Internet, since those are now integral to your job? Another issue is, what if you are injured at home while working? Can you file a workers’ compensation claim? This post will explore that question and how it may apply to you.

As a general answer, yes, you can get workers’ compensation any time you are injured while working on the job. But, the location of the injury could complicate your claim. The nature of these claims is very state specific therefore you should consult with a lawyer if this situation applies to you.

As a general review of the issue, you can obtain workers’ compensation for injuries that arise out of or occur in the course of your job. The twist of the language in your particular state’s statute determines the scope of the compensation laws. The nature of these cases is highly dependent on your relationship with your employer, the nature of your work, and the nature of the injury.

For instance, if you are required to work from home as part of your job, i.e. you travel frequently and need to maintain a stock of samples or inventory at your home, that is more likely you can receive compensation. Conversely, if you were working at home because you were calling in sick but normally do not work from home, or are frequently required to go into the office, that is less likely to be approved.

Did you suffer an accident on the job? If you did, you might want to call a lawyer – you could have an actionable claim for workers’ compensation. Workers’ compensation is not meant to be a windfall for you; it is only intended to pay your medical bills, a few other costs, and to replace a portion of your wages temporarily. It is, therefore, critical that you get everything right to ensure quick access, the last thing you need while recovering from an injury is an eviction notice.

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