Workers’ compensation is a type of insurance policy that employers must obtain to provide care to their employees who are hurt or become ill on the job. Typically, these policies were critical because they forced employers to ensure that their work environment was safe and employees were not forced to engage in dangerous tasks. For those that work at home, then, does that same protection apply?
There are some situations where you can file workers’ compensation claims as a remote worker, but there are numerous limitations to this. You may need to carefully pursue this compensation with help from an attorney. You may experience some pushback from the company and insurance company as well.
We recommend giving John Foy & Associates a call for a free consultation with an Atlanta workers’ compensation lawyer. Let us take a closer look at your case without any cost to you. We can then give you insight into what your options may be.
Can Remote Workers Get Workers’ Compensation in Georgia?
Work-from-home and remote work jobs are more common than ever, but they also create more gray space when it comes to having a cut-and-dry workers’ compensation case. There are many people who should receive compensation for the losses they have, though. Here are some factors that play a role in whether or not you may be able to seek compensation.
Does Your Employer Have to Carry Workers’ Compensation?
Under Georgia law, employers with three or more employees are required to maintain a workers’ compensation insurance policy. This policy is what provides you with financial compensation to cover any losses you face after an accident at work.
Keep in mind that workers’ compensation is a no-fault system. That means it does not matter who is at fault for the incident, you should receive coverage for it.
Where Did the Incident Occur?
If you do your job offsite, that does not mean you are at home. Many people work on construction sites or in the field. They do not work in an actual building maintained by their employer.
In these situations, you should receive coverage for your claims as long as you were engaged in work-related tasks when you suffered the injury.
Were You Working from Home?
The biggest gray area when it comes to receiving compensation as a work-at-home employer is this one. If you were working at home and engaged in work-related tasks when you suffered the injury, you may be able to file for workers’ compensation in Georgia. You must be able to show that the injury occurred during a work-related activity.
To answer this last question, consider the following:
- Were you engaged in some type of activity that benefits the employer at the time that the incident occurred?
- Were you required to engage in that activity as a component of your job and, therefore, that caused the injury to occur?
- Did the employer approve the activity and work offsite before you engaged in it?
Here is an example: You work from home at a computer, and over months of use, you develop pain in your wrists from carpal tunnel syndrome that can be linked to the work you do. This could qualify for workers’ compensation because the injury is work-related.
Here is another example: You are working from home and trip on your way to get the mail from the mailbox. That is your personal mail, and even though you were supposed to be working during that time, you were not engaging in work-related tasks. You may have a hard time proving this was something you could file a claim for.
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What to Do if You Are Not Sure
In situations where you are struggling with workers’ compensation claims or have even been denied coverage because you work as a remote employee, we encourage you to reach out to an attorney who can guide and support you in this legal matter. Our goal is very specifically to help you obtain the compensation you are owed no matter where you are working or who you work with. Yet, being a remote worker can complicate matters.
In our experience, Georgia’s court system tends to favor the injured worker, but that does not mean it is an easy process. You will need to:
- Show proof of what occurred
- Show that you were actually engaged in work-related tasks
- Prove that you had the right to be working from home
If that does not happen or it is hard to prove, getting compensation for your losses may be a challenge. You also have to report your injury to the employer. That means that, within 30 days of the incident occurring, you have to talk to your employer about what occurred and file a claim with the insurance company.
There are numerous other rules to follow. For example, you may be asked to take a drug test, and if you cannot do so, you need to communicate why that is. The ultimate goal, in that case, is to determine that you were not under the influence when suffering the injury.
It Can Be Overwhelming, But We Can Help You
You may be entitled to workers’ compensation coverage if you were hurt while working, even if you are working at home. Here is how our workers’ compensation attorneys in Georgia can help you:
- We gather the information and evidence to support your claim for compensation.
- Our legal team goes to work to determine what your losses are.
- We handle the negotiations and work to help you get the compensation owed to you.
Whether you are unsure if you can file a claim or you know that filing a claim is going to be a challenge, set up a consultation with our legal team. We are committed to supporting you throughout this process.
Call a Georgia Workers’ Compensation Lawyer Today
Contact John Foy & Associates today to schedule a free consultation. Let us offer insight and guidance to you to determine what the best steps are in your matter. Our workers’ compensation attorneys are committed to helping all employees obtain fair compensation for their losses.