Can I Get Workers’ Compensation if I was Injured in My House While Working?</1h>

The arrangement of working remotely didn’t start with the pandemic, but the COVID crisis required people to stay at home if at all possible, so many employees transitioned to working from home. Since then, many businesses have seen the benefits of a more flexible work situation, and thankfully, technology has advanced to where a good deal of the workforce can do their job right out of their house, apartment, etc.

Working remotely has plenty of benefits, but there are also downsides, like confusion over what to do if you are injured while working at your house. This may have happened from an accident, or due to overuse or doing the same set of tasks for many years. Regardless of the circumstance, you may have the following question on your mind:

“Can I file for workers’ compensation benefits if I was injured while working from my house?”

Those who are injured on the job need legal advice from an experienced workers’ compensation lawyer. Our law firm is ready to help, 24 hours a day, 7 days a week, so contact us today for a free case evaluation.

Am I Eligible for Workers’ Comp Benefits if I Work from Home?

Yes, all workers in California that meet the qualification for “employee” status can file for workers’ compensation in the event of a work-related injury. By filing a claim, you will be covered for all medical expenses related to the injury, as well as two-third of your gross wages (pre-tax).

However, these cases are more challenging to prove in terms of how you were injured or when you first became aware of the injury. Essentially, your employer can argue that they have no proof you were hurt from doing something related to your job, as they can’t see what you are doing at home.

Please note that this is not a valid excuse to reject your claim, as you are due compensation for any injuries that happen while you are acting in your employer’s interest. This may be an injury from an accident, like a broken bone, or a cumulative health condition like carpel tunnel and tendonitis.

One of our attorneys can help you obtain evidence and build a solid case for benefits if you got hurt while you were working at home or another remote location.

My Claim was Denied – Can I Sue for Workers’ Compensation?

If your claim for a workplace injury was denied unjustly, yes, you can file a claim against your employer with the California Workers’ Compensation Appeals Board (WCAB). Disputes over workers’ compensation can happen from time to time, but there is a higher rate of rejections among remote workers. This is due to a variety of issues, including the employer assuming that these benefits do not apply to those working from home. Others understand the laws, but they attempt to mislead their workers and deprive them of what is rightfully theirs.

If you believe that your employer has denied your workers’ compensation claim without legal justification, contact our law firm immediately. We are more than prepared to help you file an appeal and represent your interests in a hearing with the state’s Workers’ Compensation Appeals Board.

Reasons that Your WC Claim May be Rejected

Though most employees who are injured in the course of their job duties are entitled to workers’ compensation, there are issues that can invalidate your right to these benefits. Under California laws, WC may be denied for the following reasons:

• The accident occurred while the employee was doing something not related to their job.
• The injury was caused due to the employee’s failure to follow safety protocols established by the employer
• The employee was committing an unlawful activity (theft, assault and battery, etc.) when they sustained the injury
• The injury was self-inflicted, or the employee was intoxicated (drugs or alcohol) at the time of the accident.

Suing Someone Other than Your Employer

It’s important to understand that you do not have to prove negligence by someone else to qualify for workers’ compensation. However, there’s no denying that many injuries at work settings are caused by another party’s carelessness or reckless conduct. In these situations, you may have the right to file a third party lawsuit against the negligent individual or entity.

For example, someone who is working from home may be injured by an office chair that collapses due to a defective part. This is a case of manufacturer negligence, so while the victim can go ahead with a WC claim, they may also have the option of suing the product maker.

In recent years, there has been a growing trend of workers renting workspaces from companies like Premier, WeWork, and Industrious. These places have a duty of care to you as a paying member to ensure that the facilities are clean and reasonably safe. Thus, if you were harmed due to lack of maintenance or lapses in security, you may have grounds for a premises liability lawsuit against the workspace provider.

Exploring all the possibilities of who is liable for your injuries is crucial to your physical, emotional and financial recovery. Contact us today and speak with a lawyer who can help you sue for work-related injuries caused by a third party.

Is There a Deadline to File for Workers’ Compensation?

Yes, the state of California imposes the following deadlines when it comes to a WC claim for a workplace accident or an injury that developed from repetitive motions, overuse, or exposure to dangerous substances:

• You have 30 days from the date of the accident or diagnosis to tell your employer about the injury.
• You have 1 year from when you were injured / found out about the injury to file a worker’s compensation claim with your employer’s insurance company.

There are very few exceptions to these rules, and they generally involve extreme circumstances, like needing to be quarantined for an extended period of time or being in a coma. As a result, it’s more than likely that you will be denied WC benefits if you miss either of these deadlines.

Contact a Workplace Injury Claims Attorney

If you have questions or concerns about filing a WC claim in the state of California, don’t hesitate to contact the lawyers of Kenmore Law Group. Our legal team has decades of experience in complex work accident or job-related injury cases, including claims for at-home workers.

We provide legal services at no upfront cost under the Zero Fee Guarantee. That means we agree to receive payment at the end of your case, and only if we secure the benefits you are entitled to. Otherwise, you walk away with no responsibility for any of our expenses.

To schedule a free case evaluation, please call the offices of Kenmore Law Group.