Due to the COVID-19 pandemic, many workers are now working from home. This doesn’t mean that you cannot sustain injuries while working from home or that you cannot file workers’ Compensation. You can receive compensation for injuries sustained while working from home.

In the state of Massachusetts, employers are mandated to provide employees with workers’ compensation insurance even if they are working from home. Workers’ compensation will cover your lost wages and medical expenses incurred due to your injury. If your Employer doesn’t have workers’ compensation, you can file a personal injury lawsuit against them. Consult with a Fall River workers’ compensation lawyer to find out how much your claim is worth.

Is Your Employer Liable for Injuries You Suffer While Working From Home?

As long as you can prove that your injuries are work-related, your employer can be held liable for your work injuries. Given that your employer cannot control your work environment at home, they might deny your workers’ claim. The good news is that courts say that the working home environment can be just as hazardous as on-site.

For instance, if you suffered a stress injury such as Carpal Tunnel syndrome, your risk of getting the injury at home would be the same if you were at work. However, your employer might find ways to mitigate their liability when it comes to work-related injuries suffered while working from home and they include:

• Setting forth telecommuting policies that state what the employer expects from their remote workers.
• Communicating guidelines that dictate procedures employees should follow while working from home.
• Setting specific periods for working and resting.

What Should You Do If You Suffer a Work-Related Injury At Home?

Seek Medical Attention

You should first seek medical attention as soon as possible even if your injury seems minor. It’s not unusual for people to experience medical complications from injuries they thought weren’t as severe. For instance, if you suffered from a slip and fall accident and bumped your head, you might conclude you only have minor bruising but you might actually have suffered a Traumatic Brain Injury.

• Why You Need Immediate Medical Care to Achieve Maximum Compensation

Getting medical attention also gets you a medical record which you can present as proof of treatment if your employer asks you to provide it.

Report the Injury to Your Employer

You should report the injury as soon as possible so that you can organize time off to recover if need be. If you need time off, get a note from your doctor indicating how much time you’ll need.

Keep in mind that reporting an injury is not the same as filing for workers’ compensation. Once you’ve reported the injury, you’ll need to fill in all the necessary paperwork for a workers’ compensation claim. Your employer should give you a form to fill out and inform you of your rights and workers’ compensation benefits. Once you submit your form, you’ll receive a response from the insurance company within two weeks.

What Does the Law Say About Workers’ Compensation for Remote Employees?

The law states that an employer must have workers’ compensation insurance if they have more than one employee. It doesn’t matter if the employees work from home. If your employer doesn’t have insurance, they can face criminal charges, penalties, or fines.  It doesn’t matter if the employer wasn’t aware that they should carry workers’ insurance. Additionally, you can file a personal injury lawsuit against them to get compensation for your injuries.

You Don’t Qualify for Workers’ Compensation if You are an Independent Contractor

The state doesn’t consider you an employee and therefore you are not entitled to workers’ compensation benefits or employment benefits. You are also ineligible for workers’ compensation if you work as:

• A casual laborer
• Railroad employee
• Maritime Employee
• Farmworker
• Volunteer

Can You File a Third Party Claim for Work-Related Injuries?

The short answer is Yes. For instance, if you slipped and fell on an uneven floor surface on your way to run a work errand, you file a premise liability lawsuit against the property owner. Another example would be getting into a car accident on your way to run a work errand. In this case, you should file a car accident claim against the other driver to cover damages.

Should You Hire a Fall River Workers Compensation Lawyer?

The process of filing for workers’ compensation is a relatively easy process. However, you should a workers’ compensation lawyer in Fall River if your employer denies your claim or implies that your injuries aren’t work-related. Contact us today at 508-676-0001 and let us evaluate your case free of charge.