Am I Eligible for Workers’ Comp If I Work From Home?
Recent years have seen a considerable increase in the number of employers who are allowing employees to work remotely from their homes, and that number has only grown amid the COVID-19 outbreak. Working from home does not eliminate the risk of injury while performing your work duties, which will lead some to wonder whether they can get workers’ compensation working from home. If you are considered an employee – not an independent contractor – you should still qualify for workers’ comp.
Employers of remote workers often have a lack of control over the at-home working conditions of each employee, but Illinois courts have found this to be irrelevant. Generally speaking, workers’ compensation for employees working from home is treated the same as for employees working at the company office, warehouse, etc.
Qualifying Factors of Workers’ Comp for Remote Employees
A compensable injury while working from home must arise out of and in the course of employment. In other words, if you were carrying out a required job duty when your injury occurred, you should be able to get workers’ comp benefits. The injured employee will still be required to prove that the accident arose out of their employment. For remote workers, this means there has to have been a risk that was specific to their work — not a risk that the general public would be exposed to.
Just as if you were injured at your company’s primary place of business, an injury sustained while working at home should be reported immediately, with a record of when you notified your employer. There should also be no delay in seeking medical treatment. Keep a clear record of medical care related to your injury and be sure to tell your medical provider that the accident was work-related.
An Attorney Can Help With Workers’ Compensation for Remote Employees
With the line between the scope of employment and personal business sometimes being blurrier for remote employees, insurance companies may attempt to argue that injuries sustained while working from home should not be covered by workers’ comp. This is why it is imperative for Illinois workers to hire a workers’ compensation attorney who can review their case and present the pertinent facts that can mean the difference between success and denial.
Contact Rubens Kress & Mulholland
The Chicago-based attorneys at Rubens Kress & Mulholland can help secure workers’ comp for eligible remote employees. If you have been injured while performing your job duties at home and would like to schedule a consultation, please contact us online or call us toll-free at 866-890-9640. If you are entitled to receive benefits, we will work tirelessly to ensure you receive them.