Remote work has become increasingly common ever since 2020. If you have transitioned from commuting to a workplace to designating a part of your residential home as your office, you may wonder whether your workers’ compensation protections have since followed you. That is, if you have been injured while working from home, please follow along to find out whether you still qualify for benefits and how a proficient Marietta, Georgia workers’ compensation lawyer at Miller Law Practice, LLC, can help you navigate this arguably more complicated claim.
Do remote workers qualify for workers’ compensation in Georgia?
If your employer is governed by the state of Georgia’s workers’ compensation laws, they are generally required to cover all their employees with workers’ compensation insurance, including those working remotely or from home-based offices. Further, this applies regardless of whether you are working from a different state. However, it may not be if you were only hired as an independent contractor.
The baseline here is that, to be compensated for your medical bills and lost wages, your claimed injury must have occurred within the scope of your employment. So, for example, if you develop tendonitis from your typing responsibilities, especially if your employer supplied you with a home office setup that lacked ergonomic design. Or, if you severely strain your back after lifting a heavy box of office files that you were tasked to organize.
Of course, you must satisfy the other requirements for a valid workers’ compensation claim. Namely, reporting the injury to your employer within 30 days, likely through a virtual meeting or written communication. Plus, seeking medical treatment from a pre-approved healthcare provider, which may pose a greater challenge if you are working in another state. Lastly, especially since it happened remotely, gathering plentiful proof of your work-related accident.
What if my injury occurs during a short break in the workday?
Naturally, with the convenience of being at home, you may step away from your workstation throughout the workday to handle household chores. That is, you may go to your kitchen to make yourself a cup of coffee or prepare lunch. Or, you may use the restroom, answer the doorbell, address your child’s immediate needs, etc. All of these would have been acceptable things to do during your lunch break in an in-office setting, as well.
The issue here may be that your employer’s insurance carrier will attempt to claim that your workplace accident or injury happened during your short break from work, meaning that it is irrelevant to workers’ compensation. However, you may counter with Georgia’s personal comfort doctrine. Here, you may explain that the short, authorized break did not cause a major departure from your work duties, so you should still be compensated.
Of course, getting a work injury that nobody believes or was able to witness can be incredibly frustrating. But just know that we are in your corner and support you wholeheartedly. Please allow us to take control of the situation on your behalf, and schedule your initial consultation with a talented Marietta, Georgia personal injury lawyer from Miller Law Practice, LLC, today.
