Can I Receive Workers’ Comp if I Am Injured While Working at Home?

 Posted on December 21, 2021 in Workers' Compensation

Employers will often offer their employees the opportunity to work from home. This has been a significant benefit for many workers during the COVID-19 pandemic, since remaining in the home can help employees prevent possible infections while still ensuring that they are able to accomplish their daily tasks. However, as more and more people telecommute, situations may arise where employees may experience work-related accidents or injuries even when they are not in an office or a location that would typically be considered a workplace. In these cases, employees may be unsure about whether they are eligible for workers’ compensation benefits.

Eligibility for Workers’ Comp Following an Injury When Working From Home

Workers’ compensation provides benefits in most situations where an employee is injured in the workplace. Even though a person’s home is a separate location from the premises owned or leased by an employer, it is still considered a workplace if a person performs work there. Generally, an employee is eligible for workers’ comp if they were injured during the course of their employment, and the injury arose out of the work they performed. Eligibility is not affected by who was responsible for an injury; even if an injury occurred because of an employee’s mistake, the person will still be eligible for workers’ compensation benefits, as long as the injury was work-related.

Determining whether an injury that occurred in a home office or other areas of a person’s home was work-related will depend on whether the injury arose out of the work that the person performed. Injuries or illnesses that were directly or indirectly caused by work will be covered, but injuries caused by hazards in the home that were not related to work will usually not be covered.

For example, if a person injured their back while bending over to pick up a box of documents that they had brought to their home from the office, this would likely be considered a work-related injury. Similarly, if a person who works on a computer while at home experiences carpal tunnel syndrome that could be attributed to regular typing motions, they would probably be able to receive workers' compensation benefits. However, if faulty plumbing in a home caused water to leak onto the floor, leading a person to slip and fall when walking to the kitchen to get a cup of coffee, will not be considered a work-related injury, since it was related to the general home environment rather than the person’s work.

Contact Our Santa Clara County Work Injury Lawyers

While working from home may be the safest and most efficient option for you, it could lead to complications if you suffer an injury while working. At Cramer + Martinez, we can help you determine whether a work injury will qualify for workers’ compensation, and we will assist you in filing a claim and make sure you receive the benefits you deserve. Contact our San Benito County workers’ comp attorneys at 408-848-1113 to set up a free consultation today.

Sources:

https://www.dir.ca.gov/t8/14300_5.html

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3600.&lawCode=LAB