Does Worker’s Compensation Cover Injuries for Remote Employees

Technological advances have made it possible for many employees to work from home. This trend was accelerated by the coronavirus pandemic of 2020, as many employees transitioned to remote work. Some workers never returned to a traditional office setting, while others work from home part-time and spend part of the week in the office.

The evolving nature of remote work raises questions about worker’s compensation for remote employees and whether employees injured while working from home are eligible for worker’s compensation benefits.

Employees injured while working from home while performing job-related duties are eligible for worker’s compensation benefits. In addition, any injury sustained while on a minor deviation from work activities or for personal comfort, such as tripping over a cord while walking to the kitchen to eat lunch or falling downstairs while rushing to answer the front door for delivery of a personal item, can be covered by worker’s compensation. However, many employers are quick to deny these benefits. If you were seriously injured while working from home and lost significant wages, underwent or will undergo significant medical treatment, experienced permanent disability or have significant permanent restrictions, or if your claim for worker’s compensation benefits was wrongfully denied, Kingree Law Firm can help.

Are Remote Employees Covered by Worker’s Compensation?

To qualify for worker’s compensation benefits in Wisconsin, an injured worker must satisfy the following five elements:

1. The existence of an employer-employee relationship;
2. A physical or mental injury;
3. The injury occurred in the course of the worker’s employment;
4. The injury arose from the workers’ employment; and
5. The injury was not self-inflicted.

An employee who was injured while working from home can expect additional scrutiny of their worker’s compensation claim. However, the Wisconsin Worker’s Compensation Act clearly extends employer liability to the employee’s home by including “the premises of any other person on whose premises the employee performs services.” In addition, traveling for a work errand while working from home can be covered. Commuting to and from the employer’s premises while mostly working from home is likely not covered.

What To Do If You Were Injured While Working From Home

If you were injured while working from home, Kingree Law Firm recommends the following steps to protect your right to worker’s compensation benefits.

#1 Notify Your Employer

If you were seriously injured while working from home, regardless of the cause, you should notify your employer immediately to provide details of the incident.

#2 Seek Medical Care

Once you have reported the injury to your employer, you should seek medical treatment. Tell your medical provider that the injury occurred while you were working, or were on a minor deviation from work activities, so they can properly classify your claim for worker’s compensation.

#3 Make a Written Journal of Precisely What Happened

Due to possible defenses of substantial deviation from work activities and the inherent skepticism by worker’s compensation carriers surrounding any injury sustained while working from home, it is very important to carefully document exactly what happened and when. You do not need to share this with the carrier, but it may be needed for your own use if your claim is denied.

Worker’s Compensation for Remote Employees Is Highly Fact-Specific

Determining whether employees injured while working from home are entitled to benefits is often fact-specific. Claims for worker’s compensation benefits for injuries suffered while working from home are commonly denied because of a lack of evidence, a delay in reporting, or because the employee deviated from their job duties. However, no two cases are the same, and you are entitled to benefits if you can prove your injuries were experienced while you were in the scope of employment, including minor deviations for personal comfort or employer-authorized breaks.

Injured While Working from Home? Contact Kingree Law Firm Today.

Kingree Law Firm is known for its quality case handling, client satisfaction, and deep knowledge of Wisconsin’s worker’s compensation law. We regularly achieve superior results on behalf of clients, and our highly experienced attorneys have been designated Super Lawyers, a distinction awarded to only 2.5% of practicing attorneys. To put this knowledge and expertise to work for you, contact Kingree Law today to schedule an appointment to discuss your situation.