Can an Employee Claim for a Personal Injury When Working From Home?


16 December 2020


Personal Injury

The modern digital workforce has changed the way employees work or rather from where. The recent COVID-19 Pandemic has shown that working from a remote location isn’t a luxury anymore.

However, even when employees are based in a home office, it doesn’t mean that accidents can’t happen. So what happens if your staff member is on the clock and gets injured while working?

Company Legal Responsibility

The question is if one of your workers gets injured during work hours, is your company liable? According to law experts at, the short answer is yes.

When working from home, employees are entitled to the same worker’s comp benefits as their office-bound colleagues. As an employer, the fact that you have no control over your employee’s remote workspace conditions is irrelevant. Any injuries must be reported to your insurer.

A licensed adjuster will determine the coverage and benefit eligibility. As a business owner, you’re responsible for providing a safe work environment. It’s regardless if it’s at your premises or a remote location.

Criteria for Work-Related Claims

Criteria for Work-Related Claims

Of course, no one expects you to take the employee’s claims at face value. Some questions will help determine whether a home sustained injury was work-related. The three main things that workman’s comp will want to know is:

  • Were you as the employer benefiting from the employee’s actions when they got hurt?
  • Did the company require the individual to engage in the injury-causing activity?
  • Did you give your permission for the off-site work in advance?

If, for example, an employee is injured in the company’s cafeteria while having lunch on-site, the workmen’s compensation will cover those injuries because it benefits the employer.

Having the individual on-site saves the organization time and keeps the person accessible should they be needed when on break. This analysis works the same for telecommuting employees.

If a worker can reasonably explain how an injury is work-related, chances are they’ll get the benefit of the doubt.

Protecting Your Business

Protecting Your Business

You can protect your business by creating practices that may limit liability for home-based employees. Some recommended actions include:

  • Creating a policy that outlines the company’s expectations for remote staff.
  • Develop a set of guidelines for a home office, which includes having a designated work area.
  • Providing training related to setting up the correct safety measures with a focus on ergonomics.
  • Establishing operational hours, meal times, and rest periods for remote workers. Having this in place will help determine whether a claimed injury occurred within the course of employment.
  • Ensuring that you’ve got workers comp insurance that’ll protect your business against lawsuits resulting from accidents.

Final Thoughts

Figuring out if an employee is entitled to compensation for an injury when working from home is difficult. As a business, you’re responsible for providing your remote workers the same benefits as office-bound staff.

If you want to establish if an injury was work-related, there are a series of questions that you can ask your employee. Ensure that you have the right policies and insurance coverage. It will protect your company from any lawsuits resulting from workplace accidents.

Read More:

I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *


Marriage tips

4 Warning Signs your Marriage is in a Serious Trouble

It’s safe to say that no one decides to marry expecting a divorce. If you were sure your marriage wasn’t going to last long, you would have spent your money on wedding preparations or walk down the aisle. However, marital challenges are something every couple faces. There are issues that could lead you and your spouse from a justice of the peace to a divorce attorney’s office. Here are signs your marriage is in deep trouble. 1. You’re contemplating an affair You may be tempted to have an affair for many reasons. For instance, you may be longing for the excitement that comes with a new relationship. Or you want to have a passionate, sensual session with a different partner. Some people think of having an affair because they want attention and appreciation or simply want to connect with a person you think is more similar to you than your partner. Regardless of the reason, you’re seeking another partner; sexual affairs are a warning sign of serious trouble in your marriage. These actions won’t solve your marital unhappiness. In fact, a cheating spouse and all other related infidelity issues often create unintended troubles. Once your emotional energy goes outside your marriage, all the problems that need immediate attention to take a back seat. More marital problems linger and even become worse. Deceit, guilt, lies, and shame are often by-products of cheating and lead to separateness and avoidance. Trust corrodes, and suspicion runs high. If your marriage was experiencing minor issues before your decision to stray, it would be in deep problems soon. Therefore, your extra-marital fantasies are simply a warning sign that you need to get your marriage on track. 2. You fight about the same issue regularly Let’s face it; marriage and minor conflicts go hand in hand. After all, it’s nearly impossible for two people to successfully live under the same roof with an argument no matter how minor it is. That isn’t a problem. While not all problems in a marriage can be fully resolved, if you realize you have been arguing over the same issue repeatedly and you never appreciate each other’s point of view, your marriage is headed for trouble. Frequents fights over the same issue make marriages unpleasant and you and your partner will begin focusing more on the negative side of your relationship. 3. Escalating arguments and fights In addition to fighting over the same issue repeatedly, if these arguments are growing in intensity, things might be going southwards. Escalating fights and arguments result in physical or verbal abuse, both of which can’t be accepted in a marriage relationship. 4. Having less time for each other For some people, everything is more important than having time for their partners. Whether its work, hobbies, relatives, kids, friends, and more, everything seems to take precedence over their marriage. What happens is that you and your spouse stop being close friends and your emotional connection suffers. You stop having sex like you used to do and over time, the connection and affection you had for each other fades away, which is why you should always try to keep the connection alive, regardless of how much sex you're having. If any of these risk factors sound familiar, it’s imperative that you take the right action to get your marriage on track. Read Also : Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage Benefits Of Using Divorce Lawyers

Problem Of Medical Malpractice In Miami

How Big Is The Problem Of Medical Malpractice In Miami?

With exponentially growing medical malpractice cases, the time has come to take a serious view of the issue and take adequate steps to curb the problem. A series of complicated statutes govern the medical malpractice cases in Tampa and are referred to as the Florida Medical Malpractice Act. It comes under the ambit of Florida Statutes section 766. This statute has undergone several changes and edits over the years with changing times, and it is most favorable to hospitals and medical or health care providers. The law is not very favorable towards malpractice victims. It takes highly experienced, expert, and skilled Miami medical malpractice attorneys to win a medical malpractice case. How to File a Medical Malpractice Lawsuit? The medical malpractice law also comes with a statute of limitations of two years. It means that the case needs to be filed within two years of the incident to be admissible in court. If the petition gets filed within the original limitation statute expiry, it can be extended to three months. Medical malpractice cases are usually very complex and need a lot of preparation to build a solid case. The lawyer and the victim have to put in a lot of time, effort, and energy into collecting and gathering relevant medical reports. Once collected, these reports are closely scrutinized and analyzed to see if it has merit. An expert witness who also reviews the records then prepares an affidavit attesting to the fact that the victim was subjected to harm and medical negligence by the health care provider. Once the affidavit is submitted in court, the malpractice case starts. How can a Miami Medical Malpractice Attorney help you? The task of the Miami Medical Malpractice attorney is to check the complicated regulations and laws that must be met before a medical malpractice case is filed in Miami. It is imperative to note here that as per Miami’s medical malpractice laws, there is a mandatory pre-suit screening period wherein a set of oral and written questions is involved in the mandatory 90-day period before filing the lawsuit. As soon as the victim or next of kin realizes having a medical malpractice case, they must immediately look for a qualified, experienced, expert, and skilled medical malpractice attorney who can handle their case and file in court. Some facts about such cases are an eye-opener about growing problems in the medical field. As per the latest studies, as many as 440,000 people get killed every year due to medical errors that could have been prevented in the United States of America. It is a staggering figure and shows the lacuna in the medical services. The figure shows deaths that could have been prevented if there would have been no careless medical errors. The Bottom Line: It is high time that authorities in position start taking cognizance of the fact and putting practices, procedures, and systems in place to help control and bring down this figure. Due to medical negligence, occupying the third position as the cause of death in America is removed. Strict and quick actions can do wonders with this problem and help patients get the best medical care. Read Also: How to Successfully Choose Medicare Plans Top 5 Colorado Springs Personal Injury Attorneys 5 Ways A Workers’ Compensation Attorney Can Help You In Your Case

Compensation Claim

Accident By Unlicensed Driver: How To File For A Compensation Claim?

Pursuing Compensation for a car accident that is caused by a rash driver driving under intoxication, is one thing. But if you are hit by an individual who is unlicensed, things might be a bit difficult. Now, the question might dance into your bosom…how will you be able to pursue compensation for your damages? No, you are mistaken, not a million-dollar question but a bit of awareness. However, if you can’t withstand the enquiring rat within, then you could consult a DUI lawyer in Phoenix. In this article, we are going to discuss the whereabouts of Accidents caused by unlicensed drivers and claim compensation. So without further ado, let's get down to the brass tacks. The Dangers Of Unlicensed Drivers We know it makes you a bit jittery to hear that claims from unlicensed drivers are a bit difficult to extract. Well, why are the drivers unlicensed? Unlicensed drivers are unlicensed for some reason. The most deadening threat with the unlicensed drivers is that they are not trained. They hit the streets with their lives and others at stake. And you know what? They are ignorant of the basic rules and regulations of the roads. Let us put forth some hard facts to digest. According to the reading AAA Foundation, a massive 1 in 5 accidents (18.2%) are caused by unlicensed drivers. To get more inside, around 6.7% of the drives have their respective DLs revoked or suspended. Around 1.1% of them have their DLs not revoked. And the best for you…around 0.5% of the drivers are simply never licensed. So how caustic, sarcastic, and costly it is for you! Just have thought about it. You may like to read: Pros & Cons Of Hiring A Worker’s Compensation Lawyer Penalties For Driving Without Licence So do you think that you are almost helpless when hit by unlicensed drivers? So do you think that the US laws for Unlicensed drivers are like parents' soft corner for Ailing children? That's not the case. Laws in the US for unlicensed drivers are extremely tough. Let us feed you with an example. According to chapter 521 of the Transportation Code, if anyone is found to be violating the provisions could be charged with a misdemeanor. And yes Penalties waiting.  A $200 fine for the first violation.A fine of $50 to $200 for the second time.And the big one, a fine of $500, and between 72 hours to 6 Months of Jail you are caught for the third time. These are through the basics, there is more to it. In such a case consult a Phoenix DUI Lawyer for greater detail. How To File A Lawsuit Against Unlicensed Drivers? Suppose the situation arises that the driver who caused your accident is unlicenced and he/she was driving someone else’s car with the permission of the owner. In that case, you are able to pursue a claim through the insurance policy of the owner. In this scenario let us tell you that successfully extracting claims turn out to be extremely difficult simply because the driver is unlicensed. You will have to go through some entanglement and you will not be able to manage it all alone. Consult a Phoenix DUI Lawyer in that case. It will be easier for you. Now in a second instance, you might meet with an accident caused by a driver who is not licensed. And moreover, the individual may not be under some kind of insurance coverage. Let me give you an example of Illinois laws. According to the laws in Illinois, all drivers must have a minimum level of liability insurance. This is mandatory. Now how will you be recovering your claims from a person who is not insured? In that case, you could file a personal injury lawsuit against the other driver or turn to a personal uninsured motorist mortgage. That might save you on this journey. Conclusion Having discussed the provision let me assure you one thing. No, we're not here to frighten you here. By this time you have already known that Personal Injury Claims especially when you are hit by an unlicensed driver are tough. So what to do now? Well, you have your options will open. But to exploit the situation to the fullest and ensure extraction of the compensation, you need to consult a lawyer's advice. And DUI lawyer in Phoenix has the capacity to guide you in your exigency. Read Also: Tips and Tricks to Hire the Best Lawyer for Your CaseQuestions To Ask Your Fort Worth Car Accident LawyerHave you been in a Semi-Truck Accident? Here Are 4 Reasons You Need to Hire a Lawyer Immediately