Can You Qualify for Workers’ Compensation if You’re a Telecommuter?
In March of 2020, the early days of the COVID-19 pandemic, Governor Newsom signed an executive stay at home order to preserve the public health and safety of California residents. This order mandated that all individuals living in the state remain at their place of residence except for permitted work, local shopping and errands, and other essential activities. The order resulted in a sudden surge of teleworking across the state. And now, many non-essential workers once again find themselves at home as intensive care units fill up and new regional stay-at-home orders go into effect. So how does teleworking affect workers’ compensation? Can you qualify for workers’ compensation if you’re a telecommuter? Read on for more information.
Can you qualify for workers’ compensation if you work from home?
The short answer is yes, but not every person who works from home is eligible. In order to qualify for worker’s compensation, these four eligibility requirements must be met:
Your employer must carry workers’ compensation insurance
Your injury or illness or injury must be work-related
You must file your claim in the required timeframe
As long as you meet these eligibility requirements, you should be able to claim workers’ compensation benefits, even if you’re working remotely.
Let’s look at these requirements a little more closely.
Your employer must carry workers’ comp insurance
California employers are required by law to have workers’ compensation insurance even if they only have one employee. If you are eligible for workers’ comp benefits but your employer is uninsured, you may have grounds for a lawsuit to cover your medical expenses and lost wages.
California law requires that companies pay workers’ compensation benefits to employees injured on the job, but not every worker is considered an employee. The laws do not apply to independent contractors, consultants, or gig economy workers. Many workers, however, are misclassified as independent contractors so their employer can avoid paying payroll taxes and workers’ comp insurance. Disputing your employment status in court can be tricky, but a workers’ comp lawyer can help.
Your injury or illness must be work-related and arise from the course of your employment
As long as injuries are work-related and take place in the “work-environment,” they should be eligible for workers’ comp benefits. Determination of work-relatedness in a work-from-home claim can be tricky, Section 14300.5(b)(1) of the California Labor Code defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work." Accidents that take place during the commute between job sites would also be eligible for workers' comp benefits.
You must file your claim within the statute of limitations
Filing a workers’ compensation claim requires that you report your injury to your employer within 30 days of becoming aware of the condition. Your employer will give you a DWC-1 claim form, which you’ll need to return to your employer, who will then submit it to the workers’ comp insurance company. The statute of limitations for filing a workers’ compensation claim in California is one year from the date of your job-related injury or illness. If you do not file a workers’ compensation claim within a year of becoming aware of your injury or illness, you may lose your right to file at all.
In a work-from-home workers’ comp claim, you’ll need to provide evidence that the injury arose from carrying out work-related tasks. Our workers’ compensation attorneys can help you gather supporting documentation, including: time sheets, record of work hours, time-stamped emails, and other evidence that supports your claim.
Need a workers’ comp lawyer in San Diego? Call us now!
At the Law Office of Gerald Brody & Associates, we know times are tough for everyone right now, and the last thing you need is the financial burden of additional medical bills from a work-related illness or injury. If you’ve been injured on the job, we can help you get the benefits you need to cover your expenses and lost wages, even if you’re working remotely.
Give us a call at (619) 528-9800 to schedule a free consultation today.