You're attending a mandatory Zoom meeting with your supervisor when your chair suddenly collapses, throwing you to the floor. As you struggle to stand, pain shoots through your lower back. The injury keeps you out of work for weeks as medical bills pile up. Are you covered under workers' comp if you were working from home?
As remote work becomes increasingly common, Virginia employees face new challenges when hurt on the job, but outside the traditional workplace. If you've suffered a remote work injury, the skilled Virginia workers' compensation lawyers at Dulaney, Lauer & Thomas can protect your right to benefits.
What Counts as a Work-Related Injury for Remote Employees?
For an injury to be eligible under Virginia workers' compensation law, it must be directly related to your job duties and happen while you were actively engaged in work activities. This applies whether you're working at a central office or from a home-based workspace.
Examples of potentially covered remote work injuries include:
- Trip and fall accidents. You may have a valid claim if you trip over computer cords or fall down the stairs while retrieving work-related documents.
- Repetitive strain injuries. Poor ergonomics at makeshift home workstations can lead to carpal tunnel syndrome and other cumulative trauma disorders.
- Overexertion injuries. Lifting heavy boxes of work materials delivered to your home could cause compensable back or shoulder injuries.
The key is demonstrating that the injury occurred while performing work-related duties. Your Virginia workplace injury lawyer will gather evidence showing how your accident happened and its connection to your job.
Remote Work Challenges in Proving Compensability
Remote work arrangements can make it challenging to show that an injury is work-related. Factors that may affect your claim include:
Blurred Lines Between Work and Personal Activities
When working from home, the boundary between work and personal life often blurs. To receive Virginia workers' comp benefits, you must prove you were engaged in work activities when injured and not attending to personal matters.
Detailed timesheets, computer login records, and your supervisor's testimony can help demonstrate that you were working at the time of the accident. Your attorney may also use phone records, emails, and meeting logs as supporting evidence.
Lack of Witnesses
Many remote work injuries have no direct witnesses, making it harder to corroborate how the accident occurred. However, Virginia law allows you to testify about the incident, and your lawyer can gather circumstantial evidence to support your credibility.
Medical records documenting the nature and timing of your injuries are crucial evidence. Photos of your home office setup, workplace hazards, and the accident scene can further bolster your claim.
Employer Telecommuting Policies
Your employer's remote work policies can significantly impact your claim. If your employer requires you to maintain a dedicated home office, but you were injured while working at the kitchen table, they might dispute whether you were truly in the course of employment.
On the other hand, if your employer allows flexibility in where and when you work, an injury sustained during a late-night work session at a coffee shop may be covered under workers' comp.
Scope of Employment Considerations
Even when working remotely, you must be engaged in activities that benefit your employer to receive workers' comp benefits. Injuries that happen during a break to walk your dog or while driving to a child's school event probably won't be covered.
However, you may have a reimbursable claim if you're injured while traveling to the post office to mail work-related packages or pick up supplies for a work project. Your Virginia workers' comp attorney can assess whether your specific circumstances fall within the scope of employment.
What Benefits Can Injured Remote Workers Receive?
If your remote work injury claim is approved, Virginia workers' compensation provides several types of benefits:
- Coverage of all reasonable and necessary medical treatment related to your work injury
- Temporary total disability payments of two-thirds of your average weekly wages while out of work
- Permanent partial disability benefits if you suffer a lasting impairment
- Vocational rehabilitation services to help you return to suitable employment
Protect Your Legal Rights After a Remote Work Injury
Don't let your employer unfairly deny the workers' comp benefits you need and deserve after a remote work injury. If you've been hurt while working remotely in Virginia, notify your employer immediately and request medical treatment. Then, contact a knowledgeable Virginia workers' compensation lawyer to guide you through the claim process.
The dedicated legal team at Dulaney, Lauer & Thomas can gather evidence to prove the work-related nature of your injury, even without direct witnesses. We know how to counter employer arguments that try to place your accident outside the scope of employment.