Do Remote Employees Qualify for Workers’ Compensation if Injured at Home?

The pandemic certainly changed the dynamic of the workforce. Many offices and professional businesses have leaned into the work-from-home strategy, finding that remote workers are happier, and therefore, produce higher quality work. Plus, incorporating remote staffing into a compatible business model can deliver a wide range of benefits in terms of overhead expenses and bottom lines.

Nonetheless, being that the telecommuting office strategy allows employees to work from home, the potential for blurred lines and boundaries are ever present. One such area of concern or confusion involves workplace injury liability.

Do remote workers qualify for workers’ compensation benefits if they are injured at home? Continue below to explore this topic further.

Workers' Comp Attorney Indianapolis Indiana 317-881-2700
Workers’ Comp Attorney Indianapolis Indiana 317-881-2700

Workers Compensation for Work-From-Home Employees

Employees who work from home get to enjoy all sorts of concomitant perks, like not sharing a bathroom with a dozen other coworkers or spending more time with the family pet. But do these workers also get workers’ compensation perks if they are injured at home? The answer really depends on the circumstance and timing of the accident that caused the injury.

Scope of Employment

At-home workers are generally entitled to all the same benefits and protections as on-site workers. This also applies to workers’ compensation benefits. Whether an employee works from home or not, in order to be covered under workers’ compensation, they must have been injured while performing work-related duties. This is referred to as “scope of employment.”

For instance, if an employee leaves their house in the middle of the workday to go grocery shopping, and during which is injured, they are not covered under their company’s workers’ comp policy because they were not performing a work-related duty.

Oppositely, if the employee leaves the house to perform a work-related duty, like show a property to some potential buyers or make a delivery, then they should be eligible for workers’ comp benefits after sustaining an injury during the process.

So, if a remote worker is injured inside their house while performing work-related duties, they may qualify for workers’ compensation benefits so long as the work-related duty falls within their scope of employment. Common examples of work-from-home accidents include car accidents, slip and falls, back and neck injuries caused by poor posture, repetitive stress injuries (i.e. carpal tunnel syndrome), and possibly mental stress.

Who Might Be Ineligible for Workers’ Comp?

There are many cases in which an injured-at-home employee is disqualified from workers’ compensation coverage, such as causing the injury themselves or maintaining a hazardous at-home workplace environment. In fact, OSHA does not have any regulations that require business owners to inspect or sign off on their staff’s work-from-home offices. Additionally, if a remote worker is injured at home as a result of a hazardous at-home workplace, the business owner would likely not be liable.

It is important to note that certain vocations are not covered by workers’ compensation benefits, such as domestic workers (i.e. nannies, babysitters, housekeepers), agricultural workers, and independent contractors. 

Were you recently injured on the job? Talk to a licensed and experienced personal injury lawyer to learn all about your rights to collecting a full workers’ compensation settlement. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

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What to Do if Your Boss Does Not Want to Report Your Workplace Injury
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What to Do if Your Boss Does Not Want to Report Your Workplace Injury

Workers’ compensation injury claims in Indiana involve several complex laws and legal jargon that can quickly confuse anyone who does not retain a basic understanding of both worker compensation laws and tort law. However, if you are a recent workplace injury victim, you can be clear on one fact: getting hurt on the job means you do get medical treatment and you do get compensation. Although Indiana employers are legally required to maintain adequate worker’s compensation insurance, sometimes a boss can be hesitant about reporting a workplace injury; some might even flat-out refuse. If your employer is refusing to report your workplace injury, reinforce yourself with the right facts, starting right now.

Continue reading to learn what to do if your boss does not want to report your workplace injury, plus who to contact for worker’s compensation injury claim advice and representation in Indiana.

Workers' Compensation Law Firm Indianapolis Indiana 317-881-2700
Workers’ Compensation Law Firm Indianapolis Indiana 317-881-2700

Your Responsibilities as an Injury Worker in Indiana

When you are injured on the job, you are protected under law in terms of receiving benefits like medical treatment and compensation. However, you still have certain responsibilities to uphold yourself if you want to be eligible for worker’s compensation benefits.

First, do not assume that your employer is aware of your accident and injury. If you fell off of a 10-foot scaffold and had to be transported to the hospital via ambulance, it is likely that your boss would know about it. But no matter how obvious and dramatic your accident is at work, never presume that your employer knows and intends to report it.

Even if your injuries are minor, it is important to report the accident. Although you’re probably not going to report paper cut or a stubbed toe, seemingly innocuous incidents like bumping your head or taking a tumble over some scattered construction scrap can lead to injuries that appear later on. If you wait too long to report your injury because you don’t think you’re hurt, it will make it more difficult to prove your workers’ compensation benefits claim. Always report an accident that causes injury right away, so that you can at least have it documented on a timeline.

Your Employer’s Responsibilities

Employers are required by law to report most injuries to workers on the job site. Simply put, if your boss doesn’t report your workplace injury, they are breaking the law. Not only is your employer required by law to report your injury, but they are required to report it within a certain amount of time. As soon as you notify your boss that you have been her on the job, they should file a DWC-1 form with the state’s workers’ compensation board called a First Report of Injury. Most states give employers 30 days to file this form, however there are some states that only give employers one week.

When Your Boss Refuses to File a Work Injury Report

Workers’ compensation insurance works very similar to automotive insurance in that, the more claims you file, the higher your premiums are. Employers can sometimes be hesitant to report workplace injuries to the state board because they selfishly don’t want their policy rates to increase. Other times, employers refuse to file a work injury reports because they believe that the employee is lying about being hurt or they don’t think the injury is serious enough to warrant a formal report. Either way, it is their legal duty to report the injury as soon as you notify them, no matter how they feel about the situation.

✘ DO NOT USE YOUR PRIVATE INSURANCE FOR WORK INJURIES

Did your employer ask you to use your private health insurance for your workplace injury, medical treatment? Do not do this under any circumstances! When you see your doctor, explain to them that you were injured on the job while performing work-related duties. Get this on record as soon as possible to protect your rights to workers compensation benefits.  Your employer’s worker compensation carrier usually gets to control what doctors you see.

✘ DO NOT ACCEPT PAYMENT FROM YOUR BOSS

Did your employer offer to pay you under the table for your medical treatment? Do not accept it! It is very possible that your workplace injuries can persist for quite some time, which would entitle you to compensation for past, current, and future damages. Accepting payment under the table is risky because you don’t know when the money will stop coming your way. It might also revoke your right to pursue workers’ compensation benefits.

Are you looking for an Indiana personal injury law firm that specializes in workers compensation cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced workers’ compensation lawyer in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

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Is My Job-Related Injury Covered By Workers’ Compensation?

After being injured in a job-related accident, you might be wondering if you qualify for workers’ compensation benefits. Continue reading to learn what you need to know about collecting workers’ compensation after a workplace injury, including how to recover the maximum benefits for your damages and losses.

Workplace Injury Attorney Indianapolis Indiana 317-881-2700
Workplace Injury Attorney Indianapolis Indiana 317-881-2700

Qualifying for Workers’ Compensation Insurance

Employers are required by law to have sufficient workers’ compensation insurance or be adequately self-insured. Accordingly, the majority of workers are covered by workers compensation insurance, with the exception of crew members on vessels and railroad workers.

Even if a worker is partially or fully at-fault for their accident, they are still covered so long as the accident occurred on the job while performing work-related duties. Job-related accidents that occur off-site are also covered, such as deliveries, business meetings, and job-related teaching or training.

So, whether you are teacher, factory worker, grocery clerk, or doorman, you should be eligible for workers’ compensation benefits if you are injured in a job-related accident. To qualify for workers compensation benefits, you must be a paid employee, not an independent contractor.

Employees Versus Independent Contractors

Independent contractors are quite different than an employee, and the distinctions between them are important to understand when it comes to filing a workers’ compensation claim after being injured on the job. It is critical to speak with a workers’ comp lawyer in Indiana to learn your rights to such benefits before accepting any type of settlement or financial offer.

When considering your eligibility for workers compensation benefits after a job-related injury, you must ask yourself, “am I an employee or an independent contractor?” The answer will determine which type of workers’ compensation insurance coverage, if any, you receive.

There are tests used to determine if a person is an employee or an independent contractor, regardless of what the employer calls that person.

Worker Compensation Case and Third-Party Liability Case at the Same Time

An example of this would be a pizza delivery person injured making a delivery by being rear-ended by another vehicle.  The employee would have both a worker compensation claim and a claim against the person who rear-ended their vehicle.

Are you looking for a skilled Indiana workers’ compensation lawyer for help with your recent job-related accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get your free case evaluation set up as soon as possible. Speak with an experienced workplace injury attorney over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.

Related Posts:

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Important Forklift Safety Tips

If your business uses forklifts, it is vital that both you and your staff are familiar with all the safety rules and regulations associated with doing so. Having this training and knowledge is vital, as it can prevent serious accidents and injuries on the job.

Continue reading to review the top safety tips for operating a forklift, and then share this knowledge with your team to promote a higher level of workplace safety.

Indiana Workers' Compensation Lawyers 317-881-2700
Indiana Workers’ Compensation Lawyers 317-881-2700

Forklift Operation

Forklifts generally weigh more than two or three tons, and achieve speeds of 10 mph. So it is no surprise that without proper knowledge and training, a person can put themselves and others in grave danger. In fact, operating a forklift is such a serious responsibility, it requires professional certification. To obtain a forklift permit, an individual should attend a school, take courses, be trained under OSHA standards and pass examines. Furthermore, these permits require renewal every 3 years, making the forklift operation learning curve an everlasting one.

Forklift Safety Review

As the employer, it is important to take every precaution necessary to prevent workplace accidents; and forklift safety reviews are on such precaution. Below are the top 5 forklift safety tips that your staff should know and practice at all times.

#1 Forklift Operators Must Be Certified

The most important rule is to make sure that only certified staff members are operating the forklifts. Unqualified employees should NEVER use a forklift under any circumstances. For those who are certified but still lack experience, it is encouraged to have them supervised while operating forklifts.

#2 Always Do a Pre-Inspection Before Each Use

Another important part of forklift safety is to ensure your forklifts are in good condition before each use. Forklift operators should always do a full inspection before turning on the machine, paying close attention to areas like the brakes, steering, controls, mast, tires, and warning devices. 

#3  Always Wear the Proper Protective Gear

Forklift operators should never operate a forklift unless they are wearing the proper clothing and personal protection gear. This includes a hard hat, goggles, safety shoes, and a light-reflective jacket. Furthermore, loose or poor-fitting clothing should never be worn while operating a forklift.

#4 Always Make Sure the Load is Secured

Before using a forklift, operators should always double-check the cargo to ensure it is stable and secure. The cargo should be loaded properly and well-balanced. Improper cargo weight can cause forklifts to tip over or lose their load, putting others at serious risk of injuries.

#5 Maintain a Safe Speed at All Times

Forklifts are not go-karts, and should not be driven as such. Operators should always maintain a safe speed, even when they are not carrying a load. Although the average forklift doesn’t exceed 10 mph, this speed is more dangerous in a small space, making it easy to lose control of the machine.

Legal Help for Injured Employees

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

If you are an employee who was recently injured on the job while operating a forklift or other type of heavy construction machinery or by an a person operating a forklift or other type of heavy construction machinery, it is important to talk to a workers’ compensation lawyer for help understanding your rights. If the person operating the forklift or other type of heavy construction machinery was not a co-employee, you may be able to bring both a worker compensation claim through your own employer and an third-party liability claim against the employer of the forklift or other type of heavy construction machinery.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your workplace accident with a seasoned Indiana personal injury lawyer you can trust.

How to Set Your Personal Injury Claim into Motion

The seasoned personal injury lawyers at Craven, Hoover, and Blazek P.C. makes it easier to get your life back on track after a serious accident. We will do everything in our power to ensure your quality of life is not jeopardized.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700


At our personal injury law firm, our top priority is to ensure you have a comfortable recovery, both physically and financially. For this reason we use a concentrated and methodical approach to get your claim under way. We start by offering a free initial consultation to discuss the circumstances of your accident and injuries. If you decide that we are a good fit as your personal injury law firm, we will immediately begin collecting data concerning your case.

Clear and Consistent Client Communication

Although this alliteration is amusing, it truly speaks to the character of our firm as a whole. We are strongly dedicated to maintaining clear and consistent communication with our clients during the progress of their claim. When you have questions, we are always here to answer them in a language you can understand. We avoid using confusing legal jargon so that you are full informed of your claim proceedings. This level of communication is an important aspect to the overall success of navigating your case, which is why we remain so devoted to doing it well.

Comprehensive Data Collection

Our lawyers use a systematic approach to ensure we get all the information we need to build a strong and impactful claim against the opposing party. This list of information varies depending on the unique details of a person’s case. To begin, we will collect a detailed account of your accident, hospital records, past medical records, insurance company information, employer information (if a workers’ compensation claim), responding officer and EMT reports (if applicable), police reports (if applicable), eye witness information, and more.

When we are through collecting data, our seasoned personal injury lawyers can quickly set your claim into motion and begin working toward obtaining a full and fair settlement for your losses and damages. Our law firm works on a contingency fee basis, meaning we never collect attorney fees unless we prevail for you. We also offer free initial consultations so there is never any out-of-pocket obligation to simply discuss your legal options after being seriously injured in an accident.

Get Started on Your Claim Today!

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. We are well-versed and experienced in several practice areas, from slip and fall accident claims, to car accidents, dog bites, workers’ compensation, orthopedic injuries, and much more. When you walk into our office for your free consultation, you will instantly feel confident that you are in good hands. Call 317-881-2700 to get started, today.

Can an Employee Receive Workers’ Compensation for Emotional Distress?

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Sometimes work can get a little overwhelming, and other times, it can be down-right stressful. Work-related stress can come from deadline pressures, pressure to perform, too much workload, too many working hours, co-worker confrontations, and much more. But can an employee receive workers’ compensation benefits for anxiety and stress if their emotional and mental issues are rooted from their job? The answer could be yes, but not only is it a very challenging case to pursue, it depends on several factors; including where the person lives, where they work, their job description and duties, how the harm came to be, and much more.

Continue reading to learn more about workers’ compensation, and how a person can be eligible for such benefits under various circumstances.

Workers’ Compensation for Stress

There are several steps in determining if an employee is eligible for compensation as a result of work-related anxiety and stress. You see, some states recognize stress and anxiety as a basis for workers’ compensation, and many others do not. In the situation that an employee lives in a state where this type of injury is recognized, and they wish to pursue workers’ compensation, they will have the burden of proving that their injuries were a direct result of their work. But this isn’t the first step. In fact, this step comes much later in the legal process.

First, an employee must hire an experience work place injury lawyer that specializes in workers’ compensation law. They can provide legal guidance and navigate a lawsuit in a client’s best interest. Next, the employee must consider whether or not a workers’ comp lawsuit is worth it. If the amount of compensation they are eligible to receive is underwhelming, it may not be worth the time, energy, and stigma that goes along with filing a claim against the company they work for.

The Challenge

The common problem that arises with these kinds of lawsuits is that emotional and mental distress is harder to document and prove in contrast to physical injuries. However, as emotional distress and anxiety grows, it is wise for the employee to seek therapeutic treatment as a means of recovery and documentation of their injuries. Therapeutic treatment can include psychiatric counseling, medication, physical therapy, and more.

If these treatments do not work, then perhaps additional compensation is required for the employee to treat their injuries appropriately. Also, it is common for employees that have suffered a serious physical injury or trauma to experience subsequent stress and anxiety, in which case, additional compensation and rest would be honored by the company.

Indianapolis Workers’ Compensation Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced workers’ compensation lawyer in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair amount of compensation you deserve after being seriously injured at work. Recover for damages and losses, including medical expenses, hospital bills, pain, suffering, lost wages, and more.

Can an Injured Employee Collect Unemployment and Temporary Total Disability Benefits if Laid Off?

Workers Compensation Lawyer 317-881-2700

Workers Compensation Lawyer 317-881-2700

A few years ago, the Indiana Court of Appeals made a ruling regarding injured employees and workers compensation. They ruled that an injured worker can still receive workers’ compensation benefits even after collecting unemployment during the same time-period, so long as the total amount of unemployment is deducted from the total benefits collected once a settlement is reached. Please continue reading to review an example of such case and learn more about injured victims’ rights.

TTD Benefits Versus Unemployment

A mechanic is injured on the job and takes medical leave while collecting temporary total disability benefits (TTD), or workers’ compensation. The mechanic, although still in pain and disabled, is cleared by a doctor to return to work. When the mechanic does return to work, he finds that he is still in too much pain to perform his vocational duties. And then the shop owner closes the shop and lays off all employees. So what does the mechanic do now? Well he files for and collects unemployment, naturally.

But as he is beginning a new job at a new shop, he realizes that he just can’t do the same nature of work as he used to with all the pain and discomfort he’s experiencing. So for this reason, he has to leave the workforce a second time. At this point, the mechanic sees a doctor for an independent medical exam (IME). During this exam, the physician finds that the mechanic is currently, and has remained, disabled from the time of his initial injury. So now the mechanic, although still collecting unemployment, needs to collect additional TTD benefits as well. Employers are not fans of this. They will fight tooth and nail to avoid paying any additional workers’ compensation to injured employees, especially if they are already collecting unemployment. However, there is a solution for this.

The courts view on such a scenario is that an injured worker CAN be eligible for both unemployment and TTD benefits at the same time, but can only receive one. In this case, the mechanic could be awarded TTD benefits from their employer so long as the total amount of unemployment paid is deducted. Unemployment must be deducted otherwise the employer can contest that the worker was already being paid unemployment and looking for new work. So if a worker is still injured but collecting unemployment, they can argue for TTD later, with the help of a skilled personal injury lawyer.

You see, many Indiana workers are injured on the job, and then laid off while collecting TTD benefits. But once the lay-off happens, many employers are slow to continue paying any TTD benefits, so injured workers resort to filing for unemployment because it’s faster and they need the financial support. But this is not fair, and TTD benefits can be fought for with a fervent legal team on your side.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury attorneys here at our law firm are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, IN today.