Workers’ Compensation for Remote Workers On Behalf of Rosenthal, Levy, Simon & Sosa | December 11, 2023 | Workers' Compensation All states have different workers’ compensation laws, but they mainly provide benefits for employees who have sustained injuries or illnesses while on the job. In general, these injuries or illnesses were sustained or developed in offices, stores, factories, construction sites, or other workplaces used solely for work. But what if a worker is hurt while working in a remote workplace or from home? Injuries and illnesses that occur while doing anything related to work must be covered by workers’ comp insurance coverage. So, it shouldn’t matter whether or not you were in the main office, driving for something work-related, or at home. Put simply, injuries suffered while working remotely must be covered the same way as injuries suffered in the “main” workplace.
Am I Eligible for Workers’ Compensation Benefits If I Get Injured While Working Remotely?
To win your claim and receive
workers’ compensation benefits, you must show your injuries occurred while working. What makes this tricky is that remote workers can shift between work tasks and personal tasks very easily, especially if they’re working at home. In general, however, there are situations in which injuries suffered while working remotely should be compensated:
- You were on the clock and engaged actively in one of your regular job duties when you were injured.
- You were hurt while doing a work-related task that wasn’t solely personal, like moving equipment or tools you need for your remote workplace.
- You were on the clock and got injured while you were taking a reasonable break from work. Workers’ comp insurance generally covers breaks when they happen in the workplace, so they must also be covered while working remotely.
- You developed your injury over time because of your job duties. A classic example of this is a repetitive strain injury like a back injury or carpal tunnel syndrome.
Injuries that occur in workplaces are usually documented by other people who saw the incident or cameras that recorded the incident. On the other hand, when a remote worker is injured at home or a remote worksite as opposed to a workplace with witnesses, it would be more difficult to prove they were working when they got injured. Additionally, given the newness of work-at-home and remote work arrangements, workers’ comp insurers will usually dispute the cause of or the severity of the injury. Unfortunately, insurers will attempt to
deny workers’ comp claims by arguing the worker wasn’t working when they injured themselves. This holds for all workers and not only remote workers. Insurers will also argue that something else, not related to work, caused the injury, such as a personal activity or a pre-existing condition or injury.
Seek Legal Guidance From an Experienced Port St. Lucie Workers’ Compensation Lawyer
Whether you are temporarily working at home or a full-time remote worker, you must understand your rights if you were injured while working remotely. If you have questions about workers’ comp benefits or need help filing a claim or appealing a denied claim, the Port St. Lucie workers’ compensation lawyer at
Rosenthal, Levy, Simon & Sosa are here to help. Dial 866-640-7117 or reach us
online to schedule your free consultation with our Port St. Lucie workers’ compensation lawyer. On Behalf of Rosenthal, Levy, Simon & Sosa |
December 21, 2023 |
Wrongful Death Many people remind their spouse to drive safely when they get into the car to head to work for the day or leave to go buy groceries. Despite how common such sayings are, most people don’t stop to think about the very real potential for losing a loved one in a car crash until it happens to them. If you are still trying to adjust to your new reality without a member of your family after a fatal car crash, you probably have a lot of questions. Questions about your legal
right to compensation may leave you uncertain about whether you should take action. Does a car crash qualify your family for a wrongul death claim under Florida law?
Not all wrecks qualify, but those that meet certain standards do
Fatal crashes can sometimes occur in situations where neither party is clearly at fault. Unpredictable events, like weather anomalies, as well as situations where both drivers were partially at fault for a crash, won’t give surviving family members an option to file a wrongful death lawsuit. Neither will a collision where police or insurance determine that your deceased loved one was primarily responsible. However, if the crash was the fault of the other driver and their mistake constitutes either a
default, wrongful act or negligence, you may be able to bring a civil claim against that driver.
Is your relationship one that qualifies for a claim?
Under Florida law, only representatives of an estate have the authority to bring a wrongful death claim after a car crash. Dependent family members, as well as parents in cases where the deceased does not have a spouse or children yet, are often the ones who benefit from any compensation awarded by the courts. You will need to take action quickly, rather than waiting until you’ve moved on from your grief. Florida’s statute of limitations requires that you file a wrongful death claim within two years of the date of death or potentially lose your right to seek compensation. Talking with a
West Palm beach wrongful death attorney about the crash and its impact on your family can be a good way to explore whether your situation might qualify as a wrongful death scenario.
Seek Legal Guidance From an Experienced West Palm beach wrongful death attorney
If your loved one was killed due to someone else’s negligent or intentional actions, and you’re looking for an experienced Florida wrongful death attorney to guide you through the legal system, insurance roadblocks, and ensure that you recover damages for your losses, contact Rosenthal, Levy, Simon & Sosa today. Schedule your free consultation by reaching us online or calling 561-478-2500.