In recent years, the COVID-19 pandemic forced many companies to adopt a work-from-home model. For employees, that has meant greater flexibility, reduced commuting time and expense, and the ability to work from anywhere with an internet connection.
However, remote work also presents unique challenges when it comes to workers’ compensation (also known as workers’ comp). Because employees are working outside a traditional office setting, it can be more complicated to determine whether an injury or illness is work-related.
If you work from home, you may be wondering: “Am I eligible for workers’ comp if I get injured?” The short answer is yes.
What Is Workers’ Comp?
Georgia’s State Board of Workers’ Compensation defines workers’ comp as an accident-insurance program paid for by the employer, which may provide the employee with medical, wage-replacement, and certain other benefits if they are injured on the job. In the case of a workplace fatality, it can also provide death benefits to the employee’s dependents.
Under Georgia law, any business with three or more workers — including regular part-timers — is required to carry workers’ compensation insurance. To be covered, an injury must meet certain legal requirements in Georgia:
- The beneficiary must be an employee True independent contractors and volunteers are typically not covered. Note, however, that many employees are misclassified as independent contractors, and a good lawyer may still be able to secure benefits.
- The injury must have occurred within the scope of the job If it happened while the employee was on a break or engaged in personal activities, it may be more difficult to get covered.
- The injury must have been caused by a specific event or series of events If it developed gradually — like a repetitive-stress injury — it may still qualify, but only if it arose from the employee’s job duties. (Think of a jackhammer operator whose joints break down over time; that is a valid claim.)
- The injury must have been reported to the employer within 30 days Prompt notice is essential to preserving a claim.
How to Determine if an Injury Is Eligible for Workers’ Comp
Here’s an easy-to-follow checklist to help you determine whether you’re entitled to compensation for an injury sustained while working remotely:
- Was the injury work-related? In general, if the injury or illness occurred while you were performing job duties, it may be considered work-related and covered by workers’ compensation.
- Did the injury occur during working hours? If so, it can be eligible. However, if it occurred during a break or while you were performing a personal task, it may be harder to prove that it was within the course and scope of your job.
- Was the injury caused by a condition of the workspace? Injuries caused by a broken chair, faulty equipment, or other essential hardware may be eligible. If the condition was caused by something unrelated to the job, it may not qualify — but this area of law is still developing, so consult an attorney about your particular facts.
- Was the injury caused by a third party? If the harm was caused by a third party, such as a delivery driver or a visitor, you may still be eligible for workers’ comp — and you may also have a separate personal-injury claim against that third party.
- Did you follow company policies and procedures? For example, reporting the injury within 30 days. Note that failing to follow a safety procedure is not always a bar to benefits — most work accidents involve someone ignoring a safety measure or being careless, and most still qualify.
How to Help Ensure Your Injuries Are Covered
- Call a lawyer promptly to determine whether your injury qualifies.
- Document all work activities — tasks performed and hours worked — and photograph your workspace and equipment; give everything to your attorney to help establish that the injury occurred in the course of employment.
- Report injuries promptly to your employer, listing every injured body part, so the company documents them properly.
So, going back to the question — “Can I file for workers’ compensation if I work from home?” — the answer is yes, but it depends on several factors. An experienced workers’ compensation attorney can help you determine whether your particular situation qualifies you for benefits. If you or a loved one has been injured while working from home, don’t hesitate to seek legal advice.