Can I File Workers’ Compensation Benefits if I was Injured While Working from My House?

Many California residents transitioned into working from home during the pandemic in order to slow the spread of COVID 19. Since then, a good number of these people continue to work from home one or more days a week, and employers are seeing the benefits of a more flexible working arrangement

With an abundance of telecommuting work positions, there may be questions about the benefits that employees are entitled to, like workers’ compensation in the event of an injury. This article will focus on the right of California workers when they sustain an illness or injury that’s related to their job. These rights apply, whether you work in an office, a construction site, warehouse, your own home, or any other designated work space.

For more information on filing a claim for workers’ comp as someone working from home, contact our office and schedule a free case review.

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I was Injured in my House While Working – Can I File for Workers’ Compensation?

Yes, if you are classified as an employee and your job is required to offer workers’ compensation according to the laws in California, you are eligible for those benefits in the events of a work-related injury. In essence, you right to medical expenses and lost wages are not taken away because you work from home.

However, there are numerous factors that impact these cases, including the burden of proof required to show that the injury occurred within the scope of employment. Essentially, you must establish that the injury or health condition is a direct result of performing work-related tasks, i.e., acting in the employer’s interest. This is where a lot of workers run into problems, and why it’s important to report your accident / injury as soon as possible. That way, you can be examined by a doctor and establish medical records to support your claim that the harm you suffered is related to your job.

If you were injured while working from home, it’s a good idea to learn about your rights and legal options from an experienced workplace accident attorney. Contact Normandie Law Firm and speak to a member of our legal team during a free, private consultation.

The Right to a Safe Work Environment

Under California law, employers must provide their workers with a safe and healthful work environment. In the past, this was interpreted as a fixed workplace that was located on company property, like a warehouse or office building. However, the pandemic made it virtually impossible for many workers to report to work in the traditional sense. Thus, the laws have been reinterpreted and clarified to include employees that are working from home.

One argument that comes up time and time again is how employers have no control over the conditions in your home or wherever you are choosing to work remotely. This is used by some employers to deny workplace injury benefits to those who telecommute for some or all of their work hours.

The good news is, the condition of your worksite, wherever it may be, is irrelevant to the courts when it comes to a WC claim. Fundamentally, an employee’s home counts as a worksite when they have an approved working arrangement with the employer, or because of a public health crisis. As a result, the right to payments from workers’ compensation applies to at-home workers.

Can I Sue for Workers’ Compensation if My Claim is Denied?

Yes, you can sue your employer if your WC claim is unjustly denied on the basis that you were working from your house. Unfortunately, the subject of employee benefits for remote workers can be complicated, and there are employers who do not understand the laws. However, there is no excuse for denying you the payments you are rightfully owed, according to the laws in California. You also have employers that deliberately misinterpret the laws and mislead their workers on their right to workers’ compensation.

In either of these situations, you need a skilled workplace injury attorney by your side, who can fight for your rights and the compensation you deserve.

What Kind of Injuries are Covered by Workers’ Compensation?

Workers’ compensation in the state of California provides medical expenses and replacement wages for 3 types of injuries:

• Specific Injuries – these are straightforward injuries, like head trauma from a falling object or a broken bone from a slip and fall. Essentially, there is an accident that is directly responsible for the injury.
• Repetitive Motion / Overuse Injury – many workers develop injuries from the repetitive strain and stress of doing the same task repeatedly for many months or years. Such injuries include back pain, tendonitis, and carpel tunnel syndrome.
• Occupational Illnesses and Harmful Exposure – this category refers to illnesses like mesothelioma and asbestos, which are caused by toxic chemical exposure.

Valid Reasons to Deny a Claim for Workers’ Comp

Though workers’ compensation is meant to provide coverage for workplace injuries, there are issues that can make you ineligible for workers’ compensation. These include:

• The injury occurred while the worker was “off the clock,” or doing something outside of approved work hours
• The injury was a result of the employee disregarding company safety procedures
• At the time of the workplace accident, the employee was under the influence of drugs and/or alcohol
• The injury occurred while the employee was engaging in theft, assault, or another unlawful activity.
• The injury was self-inflicted by the employee

Third Party Lawsuits for a Work Accident or Injury

Workers’ compensation benefits are payments that are you are guaranteed by law, so you do not have to prove that the incident was due to another party’s negligence. But clearly, there are situations where injuries in the workplace – including your home – are a direct result of someone failing in their duty of care. For example, you may have gotten hurt from defective equipment that you use for your job. Or, you were driving to deliver or pick up something from your employer when a careless driver crashes into your car. You can also be injured on someone else’s property, like in a workspace facility that you rent in order to work remotely from somewhere other than your home.

You are entitled to workers’ compensation in these scenarios, but you may have grounds to file a separate claim against the product manufacturer, negligent driver, or property owner. These are not the only third parties you can sue, but they are the most common when it comes to third party lawsuits for workplace accidents. Keep in mind that filing a third party lawsuit does not take away your right to workers’ comp. More importantly, it’s a way to maximize your payments and ensure that you have the necessary funds to recover from a serious accident.

Our law firm has a dedicated team of personal injury lawyers with decades of experience in all types of lawsuits, including premises liability, auto accident, and defective product claims. Reach out to us for a free case evaluation if negligence by a third party caused you to be injured during your work shift.

Deadline to File for Workers’ Compensation Benefits

Missing the deadline to file a workers’ comp claim is another reason that you can be denied payments for injuries related to your job. To ensure that your claim is filed on time, make sure to notify your employer of the injury within 30 days of the accident / diagnosis. In addition, you have 1 year from the date of injury or illness to submit the required paperwork to your employer’s insurance company.

There are cases where an exception can be made, like if the injury was caused by repetitive stress over a long period of time. Some workers also need additional time to file a claim due to a severe injury, contagious illness, or other extenuating circumstance. However, it’s safe to say that the deadline for most claimants is one year from the accident or injury date.

Contact Our Law Firm

No matter how you were injured within the course of your job duties, it’s important to understand your rights under the state’s workers’ compensation system. Our legal team is here day and night if you have questions or concerns about workers’ compensation for injuries while working from your home or another remote location.

Please note that we never charge upfront if you decide to retain our services. All legal fees are deferred until you receive compensation from our employer or any other party that caused you harm and suffering. We also provide a Zero Fee Guarantee from day one, so you owe us absolutely nothing if we fail to recover your payment.

Contact the offices of Normandie Law Firm and talk to a lawyer who can help you with a work from home injury claim.