Can I Claim Workers’ Compensation in Burbank While Working from Home?
Working from home is the new norm today; many workers wonder what happens if they get injured ‘at work’. You, too, may wonder what defines an injury at ‘home’ and ‘work’ while working at home.
You know that slipping in the office while on the way to the bathroom qualifies for workers’ compensation. There’s not much the employer can do to dispute the claim to pay for your medical expenses and lost wages.
However, you don’t know if you qualify if you slip and break your ankle on the way to your bathroom. Besides, the employer will dispute that the injury may have occurred while you’re doing something at home, not work-related.
It’s good to hear that it’s possible to make a workers’ compensation claim for remote work injuries. Read on to find out how and when.
California Workers Compensation Law
According to California’s no-fault workers’ compensation laws, you are compensated for a workplace injury. It doesn’t matter if someone else caused it or if it was your negligence.
It doesn’t matter if you were running in the hall or wearing heels when you slipped and injured yourself at work. However, you have to prove that your injuries arose out of or during employment.
It’s unfortunately not easy for remote workers like you to prove your injuries were work-related. It’s mainly because the damage may have occurred while you weren’t working or through the weekend.
Examples of Remote Work Injuries Covered by Workers Compensation
The case is more straightforward if you got injured while performing the same task you would have accomplished at work. For example, a secretary developing carpal tunnel syndrome after typing large documents all day.
This is an injury induced by the repetitive stress of typing. It is an injury that can occur no matter if you type at work or home.
So it is very likely that you will receive workers’ comp for the injury.
Even a dance teacher who slips while teaching her students via zoom may claim workers’ compensation. The chances are better if the session is recorded because there’s proof that the injury occurred while working.
How to Prove If the Injury Was Work-Related
Remember that you will be using your medical records as proof for your workers’ comp case.
So you must get treated on time if you get injured while working from home. You reduce your chances of claiming compensation with the hospital stamping the ER reports around 10 pm on the weekends.
It is challenging to prove it was a work-related injury because records show the injury didn’t occur during working hours.
Common Questions That Can Help Determine If the Injury Was Work-Related:
- Did your employer benefit from your actions when the injury occurred?
- Did your employer approve the remote activity you were performing when you got injured?
- Is it possible that the injury happened at home even if you weren’t working?
- Were you doing something you were required to do as an employee?
How Your Burbank Workers Compensation Attorney Can Help
You need relevant proof to collect your workers’ comp benefits for injuries sustained while working at home. And this can be difficult for you to prove alone.
It is easier done with the help and guidance of your skilled Burbank workers’ compensation lawyer.
They will assess your case and help you understand your rights. They will also help you through the paperwork, documents, and hearings to ensure you get the maximum benefits you deserve.
Most importantly, they will work tirelessly to ensure you receive your workers’ comp benefits.