The COVID-19 pandemic increased the number of remote workers and telecommuters. Many workers and employers realized that this arrangement worked well for them. Therefore, they kept the arrangement even after businesses reopened and the pandemic restrictions were lifted.
However, telecommuters and remote workers pose unique issues for employers. One of those issues is workers’ compensation coverage. If you were injured while working from home, your employer might try to fight your workers’ comp claim.
Our Harrisburg workers’ compensation lawyers at Marzzacco Niven & Associates have over 120 years of combined legal experience representing injured clients. We want to help you get the workers’ comp benefits you need and are entitled to receive.
Call our law firm at (717) 231-1640 to schedule a free consultation with an experienced workers’ comp lawyer in Harrisburg, PA. Our attorneys at Marzzacco Niven & Associates will give you a free initial consultation.
How Our Harrisburg Workers’ Comp Lawyers Help You if You Were Injured at Home While Working
The workers’ compensation system in Harrisburg, Pennsylvania, is a no-fault system. If you are injured during the ordinary course of employment, you can receive workers’ comp benefits. However, the lines of delineation become confusing when work injuries occur in your home. Insurance companies and employers quickly deny claims because you were not “at work” when the injury occurred.
When you hire our award-winning legal team, you can expect us to:
- Investigate your claim to gather evidence proving how your injury occurred
- Document that you were working or performing your job duties at the time of your injury
- Review the workers’ comp denial and file an appeal
- Work with you to define your job responsibilities and document how you carry out those responsibilities remotely
- Represent you at workers’ comp hearings and in court
- Fight to get your workers’ comp benefits started and obtain any other compensation you could be entitled to
Don’t give up without a fight. Your employer and the insurance company should compensate you for injuries sustained by a telecommuter or remote worker.
Call us to schedule your free consultation to discuss your case with our Harrisburg workers’ compensation attorneys.
Workers’ Compensation Benefits for Remote Workers and Telecommuters in Pennsylvania
Most employers are required to have workers’ compensation insurance for their employees. If a worker is injured on the job, they can receive medical treatment at no cost. They also receive income benefits if the injury prevents them from returning to work during recovery.
However, are remote workers and telecommuters included in the provisions for workers’ comp?
According to Article III §301(a) of the Pennsylvania Workers’ Compensation Act, employers are responsible for employee injuries sustained in the course of their employment. In addition, section 301(c) states that injuries include all other injuries the employee sustains while engaging in the “furtherance of the business or affairs of the employer” and “whether upon the employer’s premises or elsewhere.”
So, the question becomes whether the remote worker engaged in activities that benefited the employer and were in the ordinary course of their employment. If so, it does not matter where the injury took place, workers’ comp should cover the injury.
You must prove that you were “on the clock” and performing a task that is part of your job and benefits your employer. Otherwise, the injury would not be covered by workers’ compensation.
Denials of Workers’ Comp Claims for Telecommuters and Remote Workers
The insurance company and employer might argue that the employer is not responsible for injuries sustained in the employee’s home. In other words, the employee is responsible for hazards in their home. However, the law states that employers have an obligation to provide a safe work environment.
Therefore, many employers have created policies that government telecommuting. The policies might include setting a fixed work schedule, taking a fixed break and lunch hour, and establishing guidelines for home offices. However, the polices cannot break the law.
Employees must be careful not to believe what they are told about an injury while working from home. They need to seek legal advice from a workers’ comp lawyer before they give up their right to pursue a workers’ comp claim.
What Benefits Could a Telecommuter or Remote Worker Receive Under Pennsylvania Workers’ Comp Laws?
The workers’ comp benefits would be the same for remote workers as they are for workers injured on the employer’s premises. They could receive:
- Paid medical care for injuries
- Temporary Total/Partial Disability benefits for lost wages
- Permanent Total/Partial Disability
- Specific loss benefits
- Travel expenses
- Death benefits
The type of benefits and the amount of the benefits depend on the facts of the case. Talk with a lawyer to determine what you should receive as a remote worker. If you are not receiving those benefits, ask the attorney what steps you can take to get the money you deserve after a work injury.
Schedule a Free Consultation With Our Harrisburg Workers’ Compensation Attorneys
Workers’ comp claims by telecommuters and remote workers can be complicated. There are several issues to address before you can receive benefits. We are here to help.
Contact our law office for a free case evaluation from an experienced Harrisburg workers’ compensation lawyer.
Our Team Of Workers’ Compensation Attorneys At Marzzacco Niven & Associates Can Help In Any City In Pennsylvania
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