With companies embracing flexible work schedules, the number of people working from home continues to grow. With this shift, new legal questions arise—especially around what happens if someone gets hurt on the job while working remotely. If you trip over a cable in your home office or develop a repetitive strain injury from constant typing, do you still qualify for workers' compensation?

The short answer is: yes, remote workers can be eligible for workers' comp benefits. But qualifying isn't always straightforward. This article explains how workers' compensation laws apply to remote work, what counts as a work-related injury, and what steps to take if you get injured while working from home.

Understanding Workers' Compensation for Remote Employees

Workers' compensation is generally operated under a no-fault insurance system to provide timely benefits to employees who suffer job-related injuries or illnesses. It typically covers medical expenses, lost wages, and rehabilitation services. In exchange, workers give up the right to sue their employer for most injuries that happen on the job.

While many people associate workers' comp with physical labor or job-site accidents, the law also applies to office workers—including those working from home. The key factor is whether the injury or illness occurred "in the course and scope" of employment. This means that even if you're injured in your kitchen during work hours while grabbing a work-related file, you might have a valid claim.

What Types of WFH Injuries Might Qualify for Workers' Comp?

For remote workers, injuries eligible for workers' compensation generally fall into two categories:

1. Acute Injuries

These happen suddenly and have a clear cause. For example:

  • Tripping over a power cord in your home office
  • Falling down stairs while carrying work-related documents
  • Straining your back while lifting a box of supplies sent by your employer

2. Repetitive Stress or Cumulative Injuries

These develop over time and are often linked to poor ergonomics or repetitive tasks. Examples include:

The difficulty with these injuries is proving they stem directly from your job duties rather than other parts of your life. That’s where legal and medical documentation becomes essential.

Burden of Proof in Remote Work Claims

In a traditional office or job site, it's easier to verify when and how an injury happened. Supervisors, coworkers, and security footage can all help confirm the details. With remote work, it's often just your word and any supporting evidence you can gather.

To qualify for workers' compensation as a remote worker, you need to prove:

  • The injury occurred during work hours
  • You were performing a task related to your job
  • The setting or conditions were related to your employment

Keeping a regular work schedule, maintaining a dedicated workspace, and promptly reporting injuries can help support your case. Taking photos of the scene and getting medical care right away are also smart moves.

Employer Responsibility and Remote Work Policies

Many employers are now creating remote work policies that include safety guidelines and expectations. These may include:

  • Requiring employees to designate a home office area
  • Encouraging regular breaks to reduce repetitive stress
  • Providing ergonomic equipment or training

If you're working remotely and your employer doesn’t have such a policy, it doesn't mean you lose your right to benefits. However, having clear expectations in writing can strengthen your case if a claim arises.

What the Law Says About Workers' Comp for Remote Employees

Workers' compensation is governed by state law, and every state has its own rules. Most states, including New Jersey and New York, explicitly allow workers' comp claims for remote workers, as long as the injury is work-related. Courts have generally ruled that if you're engaged in work activities and the injury can be clearly tied to your job, you should be covered.

That said, some claims may face more scrutiny. For example, if you're injured while doing laundry or picking up groceries during your lunch break, it may be harder to prove that the injury was related to work.

How a Workers' Comp Lawyer Can Help

Given the gray areas in remote work injury claims, speaking with a workers' comp lawyer can make a significant difference. A qualified workers' compensation attorney can evaluate your case, help you gather the right documentation, and represent your interests if the insurance company pushes back.

Remote workers often face more hurdles proving their claims. An experienced workers' compensation lawyer knows what insurance carriers look for and can help you build a stronger, more persuasive claim.

Common Mistakes to Avoid in Your Workers' Compensation Claim

If you're a remote worker considering a workers' comp claim, steer clear of these missteps:

  • Delaying medical treatment: If you wait too long to see a doctor, it can have a negative impact on your case.
  • Failing to report the injury: Always notify your employer right away.
  • Using vague language: Be specific about what you were doing when the injury happened.
  • Talking to insurance without legal advice: Their goal is often to limit payouts.

Call Brandon J. Broderick For Legal Help

If you’re a remote worker who has been injured on the job, don’t assume you’re out of luck just because you weren’t in a traditional workplace. You may still be entitled to workers' compensation benefits—but it often takes the right legal help to get them.

At Brandon J. Broderick, Attorney at Law, we represent injured workers throughout New Jersey, New York, and beyond. Our team understands the evolving landscape of remote work and how to navigate its unique legal challenges. We offer free consultations and don’t charge a fee unless we win your case.

Contact us today to schedule a consultation with a workers' comp lawyer who knows how to fight for your rights.

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