Fox & Fox Co. L.P.A.
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Do telecommuters qualify for workers' compensation?

One common question that many workers in the Amelia area have is whether they qualify for workers’ compensation benefits as telecommuting employees. Although telecommuting can be beneficial for both employer and workers, it does create some concerns when issues arise that normally occur in the job site. 

At the workplace, the employer's workers' compensation insurance typically covers accidents and injuries. Accidents and injuries that occur at a home office may also qualify for workers’ compensation. Here is a brief overview of telecommuting workers’ compensation claims

Telecommuting employees may encounter workplace hazards 

Accidents can happen anywhere, especially when a worker is performing job duties. Telecommuting employees must have a work environment that enables them to perform their job duties in the same capacity as they would on-site. Their homes are their workplaces and are thus the same as on-site jobs. When remote employees sustain an injury, they often encounter challenges with their claims. 

Challenges telecommuting workers face when filing for benefits 

Most remote work accidents do not have witnesses who can verify the details regarding a worker’s claim. There are usually coworkers and employer surveillance methods that provide evidence of on-site work accidents. Eligibility depends on the telecommute worker's classification as an employee; independent contractors do not receive workers' compensation coverage. Another key to eligibility is that the injury resulted from sanctioned, work-related duties.

Many employers question the credibility of the facts surrounding telecommuting workers’ compensation claims. This can cause the denial of some claims. It is important for claimants to understand their rights and the filing process. Denials do not always mean they are not eligible to receive benefits. Sometimes it means that further information is necessary. 

It is important for people who plan to file a workers’ compensation claim or have already filed one to keep track of their case. They should also take some time to learn about the appeal process so they are ready to file one when necessary. Because the workers’ compensation claims process is not an easy one to navigate through, especially for workers who perform their jobs from home, some individuals may benefit from speaking to an attorney for guidance.

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