Thanks to the progression of technology, many companies allow their workers to complete tasks at home. While this can present some advantages to both the employers and the employees, serious accidents can occur while the workers are at home but on the clock. If you have been injured while working at home, there are several steps you can take to ensure your rights as an employee are met and that you are properly compensated. However, getting compensated for “work at home” injuries can be a tricky business. As a result, it’s important to speak with the Newark work injury lawyers at Rispoli & Borneo P.C. as soon as you can to better ensure that your legal options remain preserved and your rights remain protected moving forward.
Report the Injury
You may believe because your injury happened when you were away from your workplace that you do not have coverage under your employer’s workers’ compensation insurance. However, if you were hurt performing a task for your job and were considered to be on the clock, you may qualify for compensation. Reporting the incident to your manager right away can help build the proof you’ll need to obtain your benefits. If you’re hesitant to report your accident because you’re concerned about retaliation or other repercussions, consider speaking with your Newark work injury lawyers first and reporting your accident after you’ve received some guidance.
Ask for the Required Paperwork
Even if you report being injured while working from home, your employer may not be proactive about assisting you with a workers’ compensation case. It is therefore wise to visit the main office of your employer and ask for the required paperwork. Your company’s human resource director might be able to help you complete these forms. If you were injured badly and cannot travel, ask a close friend or family member to pick up these forms for you.
Document Your Medical Procedures
It is important to keep documentation of any medical procedures you have as a result of your at-home work injury, especially if you had to visit a hospital or urgent care center right away. For example, if you work from home as a data entry clerk and you developed carpal tunnel syndrome in your wrists that caused sudden and serious pain and required immediate medical attention, ask your doctor for a detailed documentation of your visit. The more proof you can offer your employer, the better the chances workers’ compensation insurance will cover your medical bills and missed wages. If you aren’t sure what kinds of records to ask for, your Newark work injury lawyers can clarify this for you.
Contact a Lawyer
If your employer denies you coverage for your at-home work injury, contacting your Newark work injury lawyers can help you challenge the decision and better understand the laws of workers’ compensation as practiced in your state. These guidelines can vary, but presenting your case to a lawyer could be an important step in gaining the compensation you seek.
Most employers are required by law to carry workers’ compensation insurance. It covers their employees in the event of a work-related injury or occupational illness. As a result, the employer does not need to pay for the workers’ lost wages and medical expenses out of business revenue and are less likely to face a lawsuit in the wake of a work-related injury. Nevertheless, there are quite a few exceptions to eligibility for workers’ compensation benefits. Just because most employers are required to maintain coverage doesn’t mean all workers are entitled to the benefits of that generalized coverage. As a result, it’s generally a good idea to speak with experienced Newark work injury lawyers after you’ve been hurt on the job. By speaking with the experienced team at Rispoli & Borneo P.C. about your eligibility and your options, you will be in a better position to make an informed decision about filing a workers’ compensation claim or seeking alternative legal solutions to your situation.
Independent Contractors
Independent contractors perform work and collect pay, but they are not employees of the companies that they labor for. Rather, they are regarded as business associates or freelancers. Because independent contractors have a different status than employees, they usually do not qualify for employee benefits, including eligibility for workers’ compensation.
However, there can be some genuine confusion over whether a worker should be classified as an independent contractor or an employee. Sometimes the employer creates this confusion by intentionally misclassifying employees as independent contractors in an attempt to avoid providing the workers the benefits they deserve. As a result, it’s a good idea to speak with Newark work injury lawyers if you’re hurt while working as an independent contractor, as you might be misclassified and entitled to benefits after all.
Employees of Small Companies
This requirement varies by state. The laws of most states require that workers’ compensation insurance must be maintained if the company employs at least one person. However, some states forgo this requirement for companies with only a handful of employees on their regular payroll. In some states, two or more employees are enough to require workers’ compensation coverage, while in others, there must be at least five. If the company you work for is small and you’re unsure of whether you’re entitled to workers’ compensation benefits by law, please speak with experienced Newark work injury lawyers about your situation.
Sole Proprietors
Basically, sole proprietors are people who own and operate their own business without any distinction between the two for tax purposes. A sole proprietor may or may not hire employees. If a sole proprietor has no employees, he or she is not required to have workers’ compensation coverage nor eligible to claim work comp benefits.
Workers in Specific Industries
Domestic workers, i.e., those who work cleaning houses or caring for children, are generally not eligible for workers’ compensation under most state laws. Neither are many farm, ranch, or agricultural workers.
Some workers are eligible to receive compensation under separate systems that apply specifically to their industry. Longshoremen can receive benefits under the Longshore and Harbor Workers’ Act, while the Federal Employers’ Liability Act covers railroad employees. Though not confined to a single industry, employees of the federal government are covered by the Federal Employee’s Compensation Act.
If you’re not sure whether you are eligible for workers’ compensation, it never hurts to ask. Please allow our Newark work injury lawyers to answer your questions regarding your eligibility for benefits and/or alternative forms of compensation.