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Shifting to Remote Work Has Bearing on Workers’ Compensation Coverage

Published January 25, 2021 by Matt Fendon Law Group | Workers' Compensation
Shift to Remote Work Has Bearing on Workers’ Compensation Coverage

The workplace has changed dramatically since the COVID-19 pandemic struck the United States. To reduce the chance of exposing employees to the novel coronavirus, companies have encouraged many to work remotely, usually from home.

The practice has been so well-received that 55 percent of company executives believe they will continue it at least one day a week post-pandemic, according to a study by PwC, one of the nation’s largest public accounting firms.

A similar survey of employees showed that 82 percent want to continue working from home after the pandemic ends, according to Global Workplace Analytics, a company that studies the future of work.

One question that comes up regarding remote work, however, is whether workers’ compensation applies if an employee sustains an injury while working from home. Here, the Phoenix workers’ compensation lawyers from Matt Fendon Law Group discuss the questions that arise when remote employees sustain job injuries.

Workers’ Compensation for Remote Employees

Remote Work Has Bearing on Workers’ Compensation CoverageIf you’re injured while working from home, the facts of the case will largely dictate whether workers’ compensation benefits are possible. If employees are covered for working on the company premises, they should be covered if working remotely as long as the injury or illness was related to work activities. 

A key question is whether employees can prove this. Were they injured while performing duties that fell within the scope of their employment, or could they have sustained the injury on any normal day at home when not working? These questions may help you clarify the issue:

  • Was your employer benefiting from your actions when the injury occurred?
  • Did your employer require you to perform the duty that caused the injury?
  • Did your employer approve the remote activity in advance?

The burden is on you as the employee to prove the link between your injury and your work activities. In general, your injury or illness is covered under Arizona workers’ compensation laws if it “arises out of and in the course of employment.” It doesn’t matter where the injury occurred, as long as it was work-related.

When to Contact a Workers’ Comp Lawyer in Phoenix, AZ

The workers’ compensation system can be tricky to navigate. There are notification deadlines and filing requirements that must be met. Meeting these requirements can be confusing and stressful, especially while you’re hurt or sick. That’s where Matt Fendon Law Group can help.

Our Phoenix workers’ compensation lawyers can assist with the workers’ compensation process from start to finish. Make sure to contact an attorney if:

  • Your claim is complicated. 
  • Your claim has been denied.
  • You and your employer disagree about whether your injury is work-related.
  • You require extensive medical care.
  • You have pre-existing medical conditions.
  • You expect to have permanent disabilities. 
  • You’ll miss work for a long time to heal.
  • Your family member died from a workplace injury or illness. 

At Matt Fendon Law Group, we understand the challenges injured workers face. Put our passion and professionalism to work for you. With offices in Phoenix, Prescott, Tucson Scottsdale, and Flagstaff, we serve injured people all over Arizona.

Contact us today for a free initial consultation.

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