Can I file for Workers’ Comp if I work from home?

The coronavirus (COVID-19) outbreak has sparked drastic measures to prevent its spread across California, the United States, and the world. One of these measures has been an increased number of companies allowing their employees to work from home in an effort to maintain daily operations, while preventing the spread of the virus.

Can I file for Workers’ Comp if I work from home?

Many employees asked to work from home want to know if they can still receive workers’ compensation benefits for injuries sustained while performing job duties at home. 

The general answer to this is yes.

In most cases, if an employee has been given express authority to work from home, any injury sustained at home while performing work for the company is a compensable workers’ compensation claim. This means the injury has to occur while performing work for the employer. Any activity outside of work, such as performing regular household chores between conference calls, would not normally be a valid workers’ comp claim.

What types of claims are covered?

Workers’ compensation benefits are provided to workers who are injured during the course of employment, regardless of location.

This means that you could claim benefits if you went to answer a work-related call and tripped over your dog on the way to the phone. 

However, if you were on the clock but decided to take a quick shower before a meeting and slipped and fell in the shower, that would not be considered a work-related accident. 

The difference between the two examples is that in the first scenario, you sustained injuries during the course of regular, expected work. However, you were not performing a work duty when the accident in the second scenario occurred. This type of incident would not have happened in a traditional work environment.

The Burden of Proof

To successfully claim workers’ compensation benefits, the employee must prove that the injury was work-related, which can make the filing process more complicated than a traditional on-location case.

The employee must show that he or she was acting in the interest of the employer at the time the injury occurred. Because of this, the specifics of your claim will be very important. Incidents that occur at home need to be more detailed since you usually have no witnesses.

Filing a Worker’s Comp Claim While Working From Home

You can file a workers’ compensation claim for an at-home accident exactly the same way you would a more traditional workers’ comp claim. However, getting approved for benefits can be a bit more challenging. If you are injured while working from home, your employer may try to deny your right to file a claim. In addition, don’t be surprised if your claim is initially denied. This is common.

Our team of certified workers’ compensation specialists can help you with your claim if you were working from home when an accident occurred.

---

Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.