Understanding Workers’ Compensation When Working From Home

When the COVID pandemic hit the United States in 2020, companies started allowing employees to work from home temporarily in order to prevent the spread of the deadly disease. Some people had to go back to the office after the restrictions were gone, but many continued to work from home.

Many people enjoy working from home and there are no doubt many benefits for employees and employers alike. There’s no commute and no need to pay for office space, saving lots of money. But there’s one area in which there is confusion: workers’ compensation benefits.

When a person gets injured at an office or actual physical workplace, it’s easier to understand. Plus, there may be witnesses or cameras showing what happened. But when a person is injured while working from home, it can be harder to comprehend. What was the person doing when the accident occurred and did it arise out of and in the course of employment?

Here’s a look at New York workers’ compensation law. It provides protections for both employees and employers when work-related injuries and illnesses occur. Coverage for workers and liability of employers is based upon injuries and illnesses that arise out of and in the course of employment. Under the law, injuries sustained in accidents outside the workplace are generally not covered. However, injuries from at-home work may qualify when the employee engages in a specific work assignment for the employer’s benefit and a regular pattern of work at home occurs, making the home the place of employment.

The state workers’ compensation law allows for a home office exception, which has evolved to allow recovery for work-related injuries that occur at home. However, the scope of coverage is limited due to the distinct nature of the at-home work environment.

There have been many cases of injuries occurring while a person has been working from home. In some of these cases, the presence of work equipment at the home has been a significant factor. So is a laptop enough? Are workplace accidents limited to normal work hours, such as between 9 a.m. and 5 p.m.? Does there need to be a designated “home office” location within the home? How should an injury during a coffee or meal break be handled? These are all questions that need to be answered.

Contact Us for More Information About Workers’ Compensation Benefits

Workers’ compensation claims can be complex, especially when a person is injured while working from home. With remote work at an all-time high, employers and employees alike need to understand the rules and laws involved.

A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can help you get the compensation you deserve. Without experienced representation, you risk losing out on benefits or having your claim denied. Don’t let this happen to you. Schedule a consultation today by filling out the online form or calling (914) 228-1770.

Source:

nysba.org/workers-comp-and-working-at-home/#:~:text=Although%20injuries%20sustained%20in%20accidents,of%20the%20place%20of%20employment.