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.

Related Posts:

What to Do if Your Boss Does Not Want to Report Your Workplace Injury
Types of Income Covered By Lost Wages Benefits
Can I Quit My Job if I Am on Workers’ Compensation?

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.

Related Posts:

Can I Quit My Job if I Am on Workers’ Compensation?
General Workers’ Compensation Benefits and How to Claim Them
Types of Income Covered By Lost Wages Benefits

Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

Workers' Compensation Lawyers Indianapolis IN 317-881-2700
Workers’ Compensation Lawyers Indianapolis IN 317-881-2700

The Requirement of Fault in a Tort Claim

One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.

Personal Injury Claims Must Prove Fault

To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.

However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.

Workers’ Compensation Claims Do Not Require Fault

A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.

General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.

Making Claims for Both

There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time.  For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle.  The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job.  The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.

Talk to a Licensed Accident Lawyer in Indiana

When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.

Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.

Related Posts:

When is an Injured Employee Ineligible for Workers’ Compensation Benefits?
Can I Quit My Job if I Am on Workers’ Compensation?
Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

Local Indianapolis Personal Injury Law Firm 317-881-2700
Schedule a Free Consultation!

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

Local Indianapolis Personal Injury Law Firm 317-881-2700
Schedule a Free Consultation!

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.

Information about Scaffolding Accidents and Lawsuits

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Construction workers, especially the veterans, fully understand the risk they take on with their line of work. And for anyone that is considering joining the construction workforce, it is recommended to examine these risks before making any final decisions. This is because the construction industry can be extremely dangerous. Workers can be exposed to several environmental hazards on a daily basis.

Harmful chemicals, extreme heights, heavy equipment, over-exposure, and much more are just a few threats that constructions workers face every single day. And because of these dangers, construction employees are injured frequently. In some cases, serious accidents occur, causing severe injury or even death. One of the most common construction accidents involves poorly maintained and defective scaffolding.

Construction Scaffolding Accidents

Scaffolding is a necessary tool in the construction industry. It is used to allow access to all interior and exterior areas of a structure, for painting, sealing, and other types of construction work. Because they are used as such great heights, accidents are often serious, if not fatal. In fact, it is estimated that more than half a million construction workers are injured each year as a result of faulty scaffolding. Although there are strict industry regulations for setting up scaffolding, many construction companies cut corners when it comes to proper scaffolding installation.

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Missing parts, missing or loose guard rails, missing side brackets, plank failure, missing base plates, and standard slip and falls are the most common reasons why scaffolding accidents take place. These are the areas where the negligence can occur. It can also occur at the hands of the manufacturer if the product, in this case scaffolding, was delivered defective. It can also be a result of employee negligence if a few decide to not follow proper installation instructions.

There are several cases of negligence that can occur when it comes to scaffolding accident, but in all cases, victims should be fairly compensated for their injuries. Just because you know your construction job comes with risks, doesn’t mean your employer is off the hook for any personal injuries you sustain on the clock. If you were recently injured at a construction site, contact a licensed construction accident lawyer for help navigating your company’s workers compensation system. They can ensure you receive full and fair compensation for your damages.

Craven, Hoover, and Blazek P. C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P. C. at 317-881-2700 and speak with a licensed construction accident lawyer in Indianapolis, Indiana. Ask for seasoned attorney, Daniel Craven, and receive a free initial consultation to discuss your injuries and determine your eligibility for remuneration. We never collect lawyer fees unless we recover compensation for you. Call 317-881-2700 to learn more about construction accident lawsuits in Indianapolis, IN.

Suing for Workers’ Compensation in Indiana

Workers' Compensation Lawyers 317-881-2700

Workers’ Compensation Lawyers 317-881-2700

Workers’ compensation benefits are replacement wages given to those injured seriously while on the job or performing work-related duties. Although cases are common, workers’ comp is not always an easy process and benefits are not always rewarded. In order for an injured Hoosier to file a workers’ compensation claim and be rewarded and reimbursed, they must have sustained injuries while on the clock or performing work-related tasks. Their injury must have been the result of the company’s or employer’s negligence for workers’ safety.

Workers’ Compensation Law

It is important in all work-related injuries, to find an experienced and licensed attorney that focuses on personal injury cases; in particular, work injuries and workers’ compensation law. They have the skills and practice to comprehensively assess a victim’s case, represent them in trial, provide courtroom litigation, or settle out of court with opposing parties. A professional personal injury lawyer is the most reliable and effective approach to filing a workers’ compensation claim and winning remuneration for damages, lost wages, pain and suffering, medical expenses, hospital bills, and more.

Employer’s Side to Indiana Workers’ Compensation

In Indiana, an employer’s obligation to pay or provide workers’ compensation is mandatory. They are responsible for their employee’s safety, as well as, providing their employees or employees’ families with fair medical and disability benefits. Victims of work-related injuries are, by Indiana law, entitled to no more than 66 and 2/3 of their weekly wages. The average weekly wages are based on a person’s past 52 weeks of pay.

In order for employers to protect themselves from worker compensation costs, they typically obtain insurance coverage through a third party private provider or a state fund. Agricultural employers have the option to obtain workers’ compensation coverage; however, they are not required by law to retain this type of insurance policy. The same permissions apply to employers of personal staff or domestic servants. All employers, however, are required by law to post state-specified information in a place where all staff and employees can easily view it. On the other side, employees have a personal obligation to read this information and be familiar with its contents.

Suing for Workers’ Compensation

When a person is injured while working for their employer, they have three options; they can sue the employer’s insurer, the employer individually, or both. Just like the employer’s responsibility to have coverage, a victim has responsibilities as well. The employee or worker has a personal responsibility to provide a written form of notice relaying all details pertaining to the accident and their injuries. This must be done within a short amount of time following the incident.

In Indiana, there are statutes of limitations that regulate the amount of time a victim of a negligent accident can lawfully file a personal injury claim. For work-related injuries in Indiana, an employee has 30 days from the time of their accident to report a personal injury to their direct employer. Once a claim is filed, an employer has the obligation of proving to the Workers’ Compensation Board of Indiana that they are financially capable of paying the victim’s remuneration. In the case of an employee death, bereavement benefits are rewarded to the next-of-kin or immediate family. The state board approves this recompense for attorney fees, funeral and burial costs, and more.

Learn More about Work-Related Injuries

There is much more to know about workers’ compensation, third-party lawsuits, and work-related injuries. If you, or someone you love, was recently injured at work or while performing work-related duties, it is vital to outsource professional legal counsel to educate yourself about your options. Call an Indianapolis Personal Injury Law Firm that can provide a free consultation to assess your case. There you can get the information you need to jump start your claim and obtain the full and fair compensation you deserve for your damages and loss. Be sure to hire a reputable and experienced workers’ compensation attorney to ensure the most proficient and effective legal representation in Indiana.

Indianapolis Workers’ Compensation Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your Indianapolis workers’ compensation case with a licensed personal injury attorney. We are a highly accomplished and reputable personal injury law firm that has represented numerous workers’ compensation lawsuits in Indiana. Trust our licensed workers’ compensation lawyers to obtain the full and fair compensation you deserve after being injured on the job. Our law firm NEVER collects attorney fees unless we prevail for you! Call 317-881-2700 to learn what you need to know about workers’ compensation claims in Indianapolis, IN today!