Workers' Compensation and Working From Home

In recent years, Americans have benefited from a surge of work-from-home opportunities. Many workers enjoy the flexibility and freedom that a remote job affords them. However, the popularity of work-from-home careers has led to interesting legal questions about remote positions and an employee’s right to workers’ compensation benefits.

In a traditional workplace, employers must keep the working environment free from safety hazards. However, they cannot meet this obligation when they have no control over the workplace. So what happens when you are injured on the job while at home?

Here are the 6 FAQs that the workers’ compensation attorneys at Davis, Saperstein & Salomon, P.C., want remote workers to know about their legal rights when injured at home while on the job. To learn more about workers’ compensation benefits for work-from-home employees, contact our office for a free consultation.

6 Frequently Asked Questions About Workers’ Compensation

Are Remote Workers Covered by Workers’ Compensation?

Workers’ compensation benefits cover the costs of medical bills and lost wages to individuals hurt on the job. Nearly all New Jersey employers must carry workers’ compensation insurance, with few exceptions. Although it is designed to protect workers injured in traditional work environments, New Jersey’s workers’ compensation system allows remote workers to receive benefits. But even though remote workers are eligible to apply for workers’ compensation benefits, they must prove that their injury occurred at home while working — which can be challenging.

How Can Remote Workers Minimize the Risk of Getting Injured at Home?

In a traditional work setting, an employer is responsible for ensuring the workplace is safe and free from hazards. When a person works from home, they take on this responsibility. Remote workers can minimize the risk of getting injured at home by following these steps:

• Prevent slip and fall accidents — Keep your workspace clean, including all pathways between your work and common areas. Paths should be free from debris, cords, and other tripping hazards. Take the time to clean up spills or other potential dangers like toys or clutter.
• Stay active — Most people know that a sedentary lifestyle is bad for the mind and body. But working from home can prevent an active lifestyle. Remote workers tend to move less than those who go into the office. Throughout the day, take brief but active breaks. Go for a short walk or get up and stretch.
• Protect your eyes — Staring at a screen all day can lead to eye strain and other significant eye issues. When you get up to stretch or walk, give your eyes a break, too. Consider also adjusting your monitor or screen settings to decrease eye strain.
• Consider your workspace — If you work from home, consider how your workspace looks and feels and whether it is helping your comfort and safety. You may want to invest in an ergonomic desk, chair, or keyboard. These tools are designed to increase comfort and minimize the chances of developing pain or repetitive injuries in the neck, shoulders, back, and wrists.

What Work-from-Home Injuries Are Covered by Workers’ Compensation?

Workers’ compensation generally covers any injury suffered while performing work-related duties. The most common work-from-home injuries that are covered by workers’ compensation include the following:

• Slip and fall injuries
• Back and neck injuries
• Eye strain
• Musculoskeletal conditions
• Cumulative injuries
• Anxiety
• Depression

What Are Cumulative Injuries?

Cumulative injuries are also known as repetitive motion injuries. These injuries occur over time due to consistent, repetitive motion and overuse of specific muscle groups in the body. In work-from-home settings, cumulative injuries are typically the result of poorly designed workspaces and a lack of ergonomic office equipment.

Examples of cumulative injuries include:

• Carpal tunnel syndrome
• Bursitis
• Tendonitis
• Back, neck, and shoulder pain

Can Workers’ Compensation Cover Mental Health Issues Caused by Working Remotely?

Remote work can sometimes lead to mental health issues rather than physical injuries. Many employees who work from home feel a sense of isolation and develop anxiety or depression. In addition to physical injuries, New Jersey workers’ compensation benefits cover mental health issues caused by work.

If you have been diagnosed with a mental health condition caused by working remotely, you could be entitled to compensation through the workers’ compensation program. However, mental health conditions are not visible like many physical injuries. Proving that you suffer from a work-related mental health condition is often more challenging than proving you have a physical injury.

How Can a Workers’ Compensation Lawyer Help?

If you are a remote worker injured on the job, you must prove that you suffered an injury while working from home. It can be particularly challenging to prove your injuries when you work from home, especially while you are healing. You may face obstacles to getting the workers’ compensation benefits you need and deserve.

A skilled workers’ compensation attorney can help you navigate the process of applying for workers’ compensation benefits when you are a remote worker. A lawyer can promptly and accurately file the necessary paperwork, obtain medical records for proof of your injuries, and negotiate with insurance companies on your behalf to demand maximum compensation. The attorneys at Davis, Saperstein & Salomon, P.C. can aggressively advocate for your rights to seek the money you require for medical bills, lost wages, and other expenses due to a work-related injury.

Contact Davis, Saperstein & Salomon, P.C. to Fight for Your Rights

If you were injured while working from home, you should know that remote workers have legal rights. Let the experienced workers’ compensation attorneys with Davis, Saperstein & Salomon, P.C. work to protect yours. We will diligently pursue the workers’ compensation benefits you need and handle every detail of your case, so you can focus on healing. With over 30 New Jersey personal injury attorneys on our team, we have the resources to fight for the benefits you deserve. Contact our New Jersey office today for a free and confidential legal consultation.