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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General Workers’ Compensation Benefits and How to Claim Them

An employer’s workers’ compensation coverage provides certain payments for those injured on the job. Continue reading to learn some of the most common workers’ compensation benefits, how to claim them after a workplace injury, and what you can do if they are not adequate to cover your damages and losses.

Worker Accident Claims Indianapolis Indiana 317-881-2700
Legal Assistance With Worker Accident Claims – Indianapolis Indiana 317-881-2700

Workplace Injuries and Damages

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on what state the employer is located in and the extent of the injuries or damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills, permanent partial impairment rating (PPI ratings) and sometimes other damages.

Workers’ compensation should cover damages caused by a workplace accident or injury It is wise to hire an Indianapolis personal injury attorney who specializes in workers’ compensation cases to recover the full and fair recompense deserved.

Most Common Types of 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. Sometimes, personal injury cases can involve assault/battery, contracting a work-related illness or disease, experiencing an armed robbery or other gun related attack, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

☑ 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-400 Week Maximum)

☑ Benefits for Dependents in the Case of a Wrongful Death at Work 

☑ Travel Expenses (If Applicable)

A Workplace Injury Lawyer Can Help You Recover the Most Benefits

There are sometimes 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. If you wish to recover the full and fair remuneration you and your family deserve after your workplace accident or injury, your best course of action is to hire a personal injury lawyer in Indianapolis who is well-versed and experienced in workers’ compensation cases.

A certified and skilled Indianapolis workers’ compensation lawyer can provide comprehensive case support from start to finish. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim so that your focus can be placed solely on your recovery. Just be sure the Indiana personal injury law firm you select employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This effort 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.

Not sure which personal injury law firm to choose for your workplace injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

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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.