With so many people still working remotely, many employees have questions about how workers’ comp will work in these situations. There’s no cut and dry answer as it really depends on the particulars of each case.
According to the Law Offices of Nathaniel F. Hansford, LLC – workers’ comp lawyer in Augusta, GA, all remote workers are covered by the workers’ compensation laws in Georgia.
These rules apply to all employees regardless of the location they perform their work in whether it is at an office or a remote location.
Workers’ Compensation Rules for Employees in Georgia
If you work remotely in Georgia, you should know that in order to qualify for filing a workers’ comp claim, a few things must be true.
For starters, the injury you sustain must occur during your work-related activities. If this is the case, you should be covered by workers’ comp. However, if you were hurt doing something that was unrelated to the duties of your job, even if it happened during your scheduled working hours, you likely won’t qualify for benefits.
Another thing to note is that if you were injured on your lunch break, it won’t be covered by the Georgia worker’s comp coverage. However, your injury could be covered if it happened while you were entering or leaving the remote workplace.
Other things that may affect your claim potential. The duties you perform for your job and the severity of your condition are factors here. If your injuries during remote work keep you limited to only performing light-duty work but you’re already working in that fashion by working from home, you may not be eligible for income benefits since you can keep working.
How to Establish a Workers’ Comp Case When You Work From Home
There’s a huge gray area now that more people are working from home. Since you have more autonomy and flexibility in your own home than you would at the office, your claim will be more deeply scrutinized.
If you report a work-related injury that happened while you were working from home, the insurance company will need to see evidence that proves it was related to work. As such, it will seek out evidence to show that your injury occurred while doing something that was not related to your job.
It may be tricky to prove this all on your own, which is why an experienced workers’ comp lawyer can help you with your case. You’ll be subjected to a barrage of questions about your injury sustained by working from home too. These may include questions about what activities you were doing, how they related to your job, and whether your employer required you to engage in the particular activity that led to your injury.
Can You Still Get Workers’ Comp While Working Remotely?
In short, you can get workers’ comp while working from home. The courts in Georgia typically show favor to injured workers, but that doesn’t mean it will be easy for you.
You should know that the workers’ comp coverage for work-from-home accidents will cover your medical expenses while you recover. If you are still able to perform light work though, you will likely not receive compensation for lost wages.
You will need to prove that your injury occurred within the scope of your work duties. Additionally, you will need to show evidence that you reported your injury to your employer within 30 days of the incident.
All in all, employers have the same obligations to uphold to employees working from home as they do for employees working on-site. If you were injured while performing your job duties when working from home and need help receiving your workers’ compensation claim, it’s a smart idea to have a workers’ comp attorney represent you.