Can I Claim Workers’ Compensation if I was Injured While Working from Home?

Yes, you can file for workers’ comp even if you transition to working from home or another location other than a traditional workplace. Essentially, if you are classified as an employee (as opposed to an independent contractor), you are entitled to payments from WC, which will cover your medical bills and up to two-thirds of your pre-tax wages.

However, there are some challenges that are specific to these cases, like proving that the injury is job-related and not due to something that the employee was doing off the clock. This is easier to prove when you are in an office, warehouse, or another setting where it’s clear that you are acting in the employer’s interest. This is why it’s essential to contact your employer immediately if you are injured and seek medical attention from a provider that’s chosen by your claims administrator.

You should also contact a lawyer with experience in workers’ compensation claims for at-home workers. Our legal team is here for you 24/7, so call us anytime to schedule a free consultation.

The laws in California require employers to provide their employees with a safe and healthful work area. On the surface, this may be interpreted as an employer ensuring that their property meets certain safety standards. But once technology made it possible for people to work at different locations, it became necessary to clarify the laws and include protections for remote workers.

One of the arguments posed by employers is the lack of control over conditions in someone’s home or another place where they choose to work (hotel room, for example). This is one reason that work-at-home employees are sometimes denied workers’ compensation when they are injured within the scope of their job duties.

However, this is not a valid reason to deny WC benefits, as the condition of your worksite is irrelevant to your eligibility for compensation for a work-related injury. At the end of the day, you cannot be penalized in this manner if your employer has agreed that you can work from home, regardless of the reason. Thus, payments from the state’s workers’ compensation system apply to those that work out of their home.

Yes, you can file a lawsuit against your employer if they deny your WC claim because you work out of your house or another remote location. The truth is, employee benefits is a complicated subject that many employers do not understand. Of course, this is not an excuse when it comes to your rights under the state’s labor laws. We also have to acknowledge that some employers know how the laws work, but they choose to deny these important benefits to their workers.

If you find that your claim for WC benefits is unjustly denied, the workplace injury lawyers of DTLA can help you sue your employer and obtain the payments you deserve by law. Contact us today and talk to one of our legal experts during a free case evaluation.

There are 3 main categories of injuries that will allow you to claim workers’ compensation benefits.

• Specific Injuries – this category generally refers to injuries resulting from an accident, like broken bones, deep cuts, head trauma, and joint dislocation.
• Harmful Exposure / Occupational Illnesses – those who are exposed to toxic chemicals and other harmful substances may develop illnesses like asbestosis and mesothelioma.
• Overuse or Repetitive Motion Injuries – overuse and strain injuries are extremely common, as many jobs involve doing the same tasks over and over again. Injuries in this category include tendonitis, carpel tunnel, and back pain.

It may seem that just about any injury sustained at a job qualified for workers’ compensation. However, there are instances where a claim may be denied for one of more of the following reasons:

• The employee hurt themselves by disregarding safety protocols set by the employer
• The accident happened while the employee was engaged in something outside of their approved work duties / work hours.
• The employee was under the influence (drugs or alcohol) when the accident occurred
• The injury was a result of the employee committing theft, assault, or another illegal activity.
• The incident involved a self-inflected injury by the worker

With a WC claim, you do not have to prove that someone’s careless or reckless conduct is the reason you are injured. However, there are many cases where negligence plays a role in why someone ends up with a workplace injury. Even in your home, a defective product used for work can cause you to be seriously injured. Another possibility is a car accident that happens while you’re driving to pick up or drop off something for your employer. Alternatively, you may have had an accident in a rented workspace other than your house.

While you can and should file a WC claim as soon as possible, you can also explore the option of filing a third party lawsuit. For example, you can file a product liability lawsuit for manufacturer negligence, or sue a reckless driver that crashed into you. Workspace facilities like WeWork, Premier, and Industrious can be sued as well if there was a dangerous condition on the property that’s responsible for your accident.

A personal injury attorney is the key to figuring out who is liable for your injuries and making sure that you obtain every penny you deserve. With that in mind, we urge you to contact us and learn about the legal options that are available to you.

Please note that even if you follow all the required procedures, your employer can deny your claim if you fail to submit the required information on time. In California, you have 30 days to tell your employer about a work accident or injury. The statute of limitations begins on the accident date or when you received a diagnosis in the case of repetitive motion / overuse injuries. Additionally, you must submit your claim to your employer’s insurance provider within 1 year of sustaining or finding out about the injury or health condition.

If there are extreme circumstances, like being quarantined due to a contagious disease or being physically or mentally incapacitated, you may be approved for addition time to file for worker’s comp. But these are rare instances, and most people will need to file their paperwork by the 1-year deadline.

Any job comes with the possibility of injury or illness, and many workers struggle to obtain compensation for the harm they suffered. DTLA Law Group has a dedicated team of work accident injury lawyers, who are ready to guide you through the legal process.

Our law firm accepts all cases on contingency under a policy known as the Zero Fee Guarantee. As a result, our payment is based on winning your case and receiving a percentage of your settlement check. If we don’t recover the compensation you deserve, you owe us absolutely nothing.

Please take this opportunity to contact our law firm and schedule a free case review if you have questions of concerns about filing for workers’ compensation as someone that works from home.

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