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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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:

Do I Notify OSHA if Injured at Work Due to a Safety Violation?
What to Do After Being Injured in an Industrial Accident in Indiana
Steps to Take After Being Injured in a Ride Share Accident

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An Explanation of Scheduled and Unscheduled Losses for Workers’ Comp Claims

As discussed in an earlier blog regarding workers’ compensation payments, Indiana provides two forms of Permanent Partial Impairment (PPI) benefits referred to as scheduled loss benefits and unscheduled loss benefits. If you were recently injured at work, and as a result have suffered a permanent disability, these benefits might play a vital role in your future.

Continue reading to learn more about scheduled and unscheduled loss benefits, as well as, how to get a free consultation to discuss your rights to compensation after a workplace injury.

Workers Compensation
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Permanent Partial Impairment (PPI)

Permanent partial impairment benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, total temporary disability benefits that are paid over 125 weeks are deducted from permanent partial impairment payments. Furthermore, such benefits are not granted until a patient reaches maximum medical improvement. Maximum medical improvement means the patient has healed as much as possible, and no further treatment will improve their condition.

Scheduled Loss Benefits

Scheduled loss benefits are granted to workers who are subjected to amputation or lose full function of a body part. These benefits are not based on weekly earnings, but rather, each scheduled injury is assigned a “degree” that represents a monetary value to which a person is entitled. Indiana publishes a yearly schedule of degrees for impairment on the Workers’ Compensation Board website. As of 2017, the Indiana schedule of degrees for impairment is the following:

➤ Between 1 and 10 Degrees = $1,750 per degree
➤ Between 11 and 35 Degrees = $1,952 per degree
➤ Between 36 and 50 Degrees = $3,186 per degree
➤ 51 Degrees and Above = $4,060 per degree

The schedule determines how much a victim receives in benefits depending on the body part affected. Common body parts listed on Indiana’s schedule include arms, legs, hands, fingers, thumbs, feet, toes, and ears. Thumbs, for instance, are assigned a 12 degree value. Arms below the elbow are set at 40 degrees, while arms above the elbows are set at 50 degrees. Hands are also 40 degrees, and legs above the knee joint are 45 degrees. To see the full list of scheduled body parts for Indiana, review the state’s workers’ compensation laws in Indiana Code Ann. § 22-3-3-10.

All scheduled loss benefits are paid according to the degree of loss as well. For example, if a doctor determines that a patient has lost 50% use of their arm, the state assigns a 40 degree value, but it would be reduced to 20 degrees to accommodate the ratio.

Unscheduled Loss Benefits

When a worker suffers amputation or loss of function of a body part that is not listed on Indiana’s schedule, it might fall under unscheduled loss benefits. These benefits are calculated based on the extent of loss of function in the body part. Once a patient achieves maximum medical improvement, their physician will assess their level of long-lasting disability, and then assign an actual degree of impairment. So, if your doctor determines that you have lost 10% use of an unlisted body part, this would be assigned a 10 degree value on Indiana’s schedule, which would entitle you to roughly $17,500.

Discuss Your Indiana Workplace Injury Benefits Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis workers compensation attorney who can determine the best strategies for your Indiana workplace injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured persons throughout Indiana.

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Standard Workers’ Compensation Benefits You Can Expect

Workers’ compensation is usually a blessing for those injured on the job. Learn what to expect from standard workers’ compensation benefits, and what you can do if your expectations are not sufficiently met.

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

It is common for people who are injured on the job through no fault of their own to collect workers’ compensation benefits. The amount of compensation and extent of benefits awarded to injured workers largely depends on the degree of their injuries and damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills and set sums for any impairment. If you were recently injured at work, it is strongly suggested to hire a seasoned personal injury attorney who specializes in workers’ compensation claims to help you recover the full and fair settlement you deserve.

Common Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Personal injury/worker compensation cases can involve assault, battery; or even contracting a work-related illness or disease, experiencing an armed robbery, and much more.

Regardless of the actual cause of a worker’s injuries and resulting damages, the common coverages and benefits received from workers’ compensation claims generally include:

☑ Paid hospital bills, medical expenses, physical therapy, medical and vocational rehabilitation, doctor visits, counseling, prescriptions, etc…;

☑ Paid weekly earnings for time off work longer than one week (2/3 of average weekly pay-but has limits);

☑ Benefits for dependents in the case of a wrongful death at work;

☑ Travel expenses (if applicable);

☑ Benefits for any permanent total or partial disability.

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They have the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair compensation deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Indianapolis Workers’ Compensation Claims

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

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your Indianapolis workplace injury claim. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

What To Do If You are Injured at Work

Workers’ compensation laws vary from state to state, and can be quite complex for the average employee to understand. Some people even believe that they are not eligible for such benefits unless they have been employed for a certain amount of time. These common misunderstandings about workplace injuries often lead victims down the wrong path to financial recovery.

If you are ever injured at work, regardless of how long you have been employed, it is important that you act fast and take the proper steps towards making a claim. Continue reading to learn what you should (and should not) do to after being injured at work.

Workers' Compensation Lawyers 317-881-2700

Indiana Workers’ Compensation Lawyers 317-881-2700

What NOT To Do

Do not believe your employer if they say you are not eligible for workers’ compensation benefits. As mentioned before, this is simply not true. This same fact applies to an employer who insists that you must work a minimum period of time to receive workers’ comp benefits; this is simply not true either. As soon as you are officially employed, you are entitled to rights if injured on the job.

It is also very important that you do not let your employer put you back to work in a position that violates your work restrictions. Be sure to discuss what these restrictions are with your doctor so that you are entirely informed of your aftercare instructions and occupational restrictions.

If your employer assigns you a nurse case manager, you do not have to let them into the examination room with you when being seen by the doctor. This is your legal right, so do not allow your employer to manipulate you into believing otherwise.

Upon making a claim, do not let the insurance carrier postpone their decision on whether to approve or deny your workers’ compensation claim. In Indiana, the law mandates that insurance companies must provide their decision within 30 days from the day a workers’ compensation claim is filed.

What To Do

If you are injured at work, whether you think you might require treatment or not, you should immediately notify your supervisor and have them make a written report of the incident to have on record. Be sure to get a copy of the report too.

If your employer’s workers’ compensation insurance carrier sets up appointments and medical examines for you, be sure to attend them all, regardless of the situation. Make all efforts to avoid rescheduling any such arrangements. In some jurisdictions, workers’ comp benefits can be negatively impacted if you miss or reschedule more than once.

Retain all documents (or copies of documents) that your doctors give you regarding any medical restrictions, off-work statements, and related reports. If you are not pleased with the medical treatment you are receiving, it is in your right to request a second opinion.

If you have to travel outside of your county of residence to see doctors or receive medical treatment, record the dates, miles traveled, and doctors’ names, and keep this log on hand. In Indiana, there is a certain rate that employees can be reimbursed per mile they have to travel.

As far as logs go, it also helps to keep record of the total amount of time you are off work as a result of your injuries. In Indiana, if you are off work for more than 7 days due to your workplace injury, you are entitled to collect TTD (Temporary Total Disability) benefits. See our blog A Brief Explanation of Temporary Total, Temporary Partial, and Permanent Total Disability Benefits to learn more about these benefits.

If your employer harasses or retaliates against you for making a workers’ comp claim, immediately report to the Indiana Department of Labor. It is against the law for an employer to make threats or retaliations.

If you are denied any benefits based on the suggestion of a pre-existing condition, or some other reason, be sure to contest the denial. Contact an Indianapolis workers’ compensation lawyer to recover the full and fair benefits you deserve after being injured at work.

How to Take Action Now

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a workers’ compensation claim in Indiana. Our seasoned Indianapolis workplace injury lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries at work. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started, today!