Experienced Workers’ Compensation Attorney

When can you file a claim if you are working from home?

Over the past year, employees from California to New York have had to complete much of their work from home, bringing the question surrounding workers’ comp eligibility to light. Understandably, work-from-home employees want to know if and when they can file a claim for workers’ compensation. The following includes further information on when you can file your claim.

Uncertainties with workers’ comp

One of the biggest reasons why so many workers are confused about if they are allowed to file a claim is because of certain wording within workers’ compensation law. Only those who have injured themselves at work and doing job-related things are allowed to file. This confuses many who are working from home because they believe that being within their home disqualifies them from collecting workers’ comp.

The scope of employment

The wording within the law determines if a person qualifies for workers comp. One of the lines within that law that allows people who work from home to file a claim is the sentence “the course and scope of employment.” This means that if you were doing something in relation to your job and got injured, it is your right to file a claim for workers’ compensation.

If you are unsure if the activity was work-related, then you may be asked a number of questions to determine eligibility. The following are some of the questions that you may have to answer:

  • Did the activity benefit your employer?
  • Was the activity required or voluntary?
  • Was your work-related activity approved by your company?

As you can see from the above information, filing a claim can sometimes be complex. It is important to understand your rights and learn more about workers’ compensation benefits before it’s too late.