Can Remote Workers Collect Workers Compensation Benefits?
One question a lot of our clients have is whether remote workers are eligible for workers compensation benefits. We can understand why people may think that individuals who work from home cannot receive workers comp benefits. First of all, most qualifying workers compensation accidents take place on company property. Second, these accidents tend to happen on company time. It may be difficult for your Charlotte workers comp lawyer to prove that you’ve met both of these requirements. However, that doesn’t mean your claim will automatically be denied. Even if it is denied, your workers compensation attorney in Charlotte can always file an appeal.
Our goal is to make sure our clients receive the workers comp benefits they deserve. If, after reviewing your case, our associates do not believe you have a valid claim, they will tell you up front. The last thing our Charlotte workers comp lawyers would want to do is get a client hopes up unfairly. We will be upfront and honest whether the news is good or bad. That’s the kind of attorney you should want to have on your side when it comes to matters such as this.
It Doesn’t Matter Whether You Work On-Site, On the Road, or At Home
Technically, and legally, anybody who works for another company can file for workers compensation benefits. The question is whether your claim will be approved. Imagine your employer receiving two workers compensation claims on the same day. One is for an employee who works on-site from 9:00 in the morning until 5:00 o’clock in the evening, Monday through Friday. They were injured in the middle of the afternoon when they slipped on a wet floor and hurt their back. The accident was caught on camera and there were three witnesses to their fall.
Then there is your case. You work from home and tend to start later in the day at 10 am. Rather than taking a standard lunch period, you tend to take many breaks throughout the day. In the early evening hours, you hear your phone ring and while running to catch it, you trip on a sneaker, fall, and break your arm. There were no witnesses to the event and there is no way to prove that you were really working at the time of your accident.
If you had to choose which of these claims to approve and which one to deny, you would probably agree with your employer that the remote worker’s case is much weaker than the other employee’s.
Your Charlotte Workers Comp Lawyer Must Prove You Qualify for Benefits
Regardless of whether you work from home or on site, your workers compensation attorney in Charlotte must prove that you qualify for workers comp benefits. In order to receive benefits, you must meet certain criteria. These criteria don’t change from state to state. The only thing that typically changes is the maximum amount in benefits you can receive per week and the duration for which you can receive benefits.
The requirements for workers compensation in Charlotte include the following:
- your accident took place while on company time
- your injuries occurred while you were acting within the scope of your employment
- you reported the accident immediately to human resources or your manager
- you were not drunk or high at the time of your accident
- you agree to be treated by a state- approved physician
- you do not work a second job while collecting benefits
These requirements seem reasonable. But that doesn’t mean it will be easy for your Charlotte workers comp lawyer to prove that you qualify.
It Can Be a Lot Harder for a Remote Worker to Prove They Qualify
The reason it will be more difficult for your workers compensation attorney in Charlotte to prove your case is it because it didn’t happen on company property. When you work from home, there are few ways to track when you’re working and when you’re spending time on personal matters. Nobody is there to make sure you don’t take excessive breaks or leave your house while you’re supposed to be working. In addition, who’s to say that your accident was caused by your job as opposed to something personal in your home.
As difficult as it may be, your Charlotte workers comp lawyer will do their best to get you the benefits you deserve. If your claim is denied, your lawyer will file an appeal on your behalf.
Put Your Faith into the Hands of a Seasoned Charlotte Workers Comp Lawyer
There are a lot of benefits of working from home. You don’t have to get dressed up for work every day. You can usually do work on your own time and by your own schedule. Plus, you don’t have to worry about the expenses of a long commute. However, there are also some difficulties that come along with working remotely. Our Charlotte workers comp lawyers meet with clients all the time who say their claim was denied because they work from home. They insist that they met all the requirements for workers compensation in North Carolina. The only difference between their claim and those of their coworkers Is that they are the only one who worked from home.
While we certainly understand why you would feel that way, our goal is to get our clients the workers compensation benefits they deserve. Your workers compensation attorney in Charlotte will approach your case the same way they would approach any other workers comp case. As long as your lawyer can prove that you meet the requirements for workers compensation, there is no good reason for why your claim would be denied. Not only will your attorney file an appeal on your behalf, but they will file suit if necessary.
We do offer all new clients a free consultation. This gives you a chance to sit down with an experienced Charlotte workers comp lawyer who can evaluate your case and answer any questions you may have. Since this consultation is free, and you don’t pay our firm anything upfront, it makes sense to take advantage of this free meeting.