Can I Get Workers’ Compensation if I Work From Home?
Written by Shawn Diederich on August 17, 2016
Earlier this year, Gallup released the results of a survey which found that more than 37 percent of Americans spend at least some time telecommuting to work. Additionally, the survey found that 22 percent of all employees work from home at least 10 days in the average month. The data is very clear: working from home is becoming increasingly common. With so many employees working from their home office, it is inevitable that some work-from-home injuries will occur. It is important that Florida workers know that they are still entitled to receive workers’ compensation in the event that they are injured at their home office. However, this process can be more challenging; therefore, it is critical that injured telecommuting employees contact an experienced Orlando workers’ compensation attorney as soon possible after their accident.
Understanding the Course and Scope of Employment Standard
Employers have little to no control of an employee’s home work space. This causes some employers to believe that workers’ compensation insurance will not be responsible for injuries at home. However, that belief is simply not correct. Instead, under Florida law, work-from-home injuries are assessed under the ‘course and scope’ of employment standard. Injured employees, including those working from home, are eligible to collect workers’ compensation benefits as long as their injury arose out of the course and scope of their employment. To qualify under this standard, an employee must meet the following two criteria:
- The employee must have been performing a work-related activity at the time of their accident; and
- The activity in question must have been done in an effort to further the interests of the employer.
While the course and scope standard is relatively simple, it is often very challenging to apply to real-world situations. This is especially true when it comes to situations involving work-from-home injuries. If any sort of dispute arises regarding the course and scope standard and your injury, you need to speak to an experienced attorney immediately.
Work From Home Injuries: Prompt Reporting is Critical
Employees who work from home also need to be sure to take swift action following their injury. All work injuries must be reported to the appropriate supervisor without any undue delay. The failure to report an accident at home in a timely manner could lead to the injury not being covered by workers’ compensation. Put simply, injured workers need to act quickly to ensure that their legal rights are protected. Further, it is important to note that, in accordance with a telecommute agreement, you employer almost certainly has the right to come into your home to conduct an investigation after your accident.
Contact An Experienced Florida Workers’ Compensation Lawyer Today
At Diederich Law Firm, P.A., our experienced workers’ compensation attorneys can help you obtain the full and fair benefits you deserve. Recovering benefits for an injury at home can be more challenging, but you still deserve your compensation. Please do not hesitate to contact our Orlando office today to learn more about how our team can help protect you.