Remote work was already on the rise in Ohio before the pandemic. Now, many are working partially or fully from home, and while this is a win for flexibility, it also raises questions about the workers’ compensation system, especially if you’re injured during work hours. You could be left wondering, can I get workers comp if I’m a remote worker?

The short answer is yes, however, proving that you were on the job when the injury occurred can be difficult, to say the least.

Workers’ comp protects the worker, not the workplace

To simplify this, you are protected by workers’ comp whenever you’re on the job, meaning that you’re working on the clock doing job-related activities, regardless of where the location may be. This is how workers’ compensation protects traveling employees like delivery drivers.

For remote workers, your home is no different from any other location where you perform work activities. You’re still on the job, therefore any injuries sustained while on duty are still covered by workers’ comp. The problem is that the line between “on duty” and “off duty” can become blurred, so your employer, as well as the Bureau of Workers’ Compensation, may have grounds to dispute whether you were “on the job” at the time the injury occurred.

“Acting in furtherance” vs. “personal comfort”

Essentially, if you’re actively doing your job or job-related tasks at the time of the injury, you’re entitled to workers’ comp. For example, let’s say you received a work-related phone call and tripped while walking to the phone, that should be a compensable injury. Or, if you received a delivery of work materials and were injured while carrying them into your home, that too should be a compensable injury. However, there are always gray areas.

“Acting in furtherance” basically refers to any work duties intended to administer to an employee’s “personal comfort”. For example, if you were injured while going to the bathroom or getting a drink during your workday, that injury should still be compensable. The law recognizes that workers are human beings with basic needs that are required for the employee to do their job effectively, thus satisfying the basic “acting in furtherance” principle.

However, the “personal comfort” doctrine only goes so far. Let’s say you were injured while performing a task that was well outside your work duties and was not considered a job-related task, your injuries may not be compensable. For example, if you were hurt while throwing in a load of laundry or getting your personal mail during your workday, that is probably not covered by workers’ comp.

Eligibility for Workers’ Comp while Working from Home

The eligibility for workers’ compensation while working from home depends on various factors. Here are the key considerations to keep in mind:

1. Work-Relatedness:
   To qualify for workers’ comp, the injury or illness must be directly related to work activities. In a remote work setup, this means that the injury should occur while performing work tasks or activities within the scope of employment.
2. Course and Scope of Employment:
   The injury must arise in the course and scope of employment, meaning it should occur during work hours and while engaged in work-related activities. This includes tasks such as answering work emails, participating in virtual meetings, or performing assigned job duties.
3. Proving the Connection:
   Just like with traditional workplace injuries, establishing a clear connection between the injury or illness and work duties is crucial. Documentation, such as medical records, incident reports, and eyewitness accounts, can help substantiate the claim.
4. Employer-Provided Equipment or Conditions:
   In some cases, if the injury occurs due to faulty equipment provided by the employer or unsafe conditions within the home workspace that the employer should have addressed, it may strengthen the case for workers’ compensation eligibility.
5. State Laws and Regulations:
   Workers’ compensation laws and regulations vary by jurisdiction. It’s essential to consult the specific laws in your state or country to determine the eligibility criteria and requirements for remote workers.

What to do if you’re injured while working from home

As with any work injury, there are steps that need to be taken to ensure that you have the greatest chance of getting a workers comp claim approved. First, you need to report the injury to your supervisor as soon as possible. In a remote work situation, you will probably need to call your manager on the phone to make that initial notification, however, you should also send an email or other written communication as well, to make sure you have it in writing.

Next, seek prompt medical attention. Tell the doctor who sees you that you were hurt while working, and describe your symptoms in detail. This not only protects your health but also creates a record of your injuries which supports your claim.

Then, contact us. Getting workers’ comp for injuries sustained while working from home is an often complex process. An experienced workers’ compensation attorney can advise you of your options and protect your legal rights at every stage in the process. Schedule your free consultation with Thomas Marchese today.

For anyone injured on the job, workers’ compensation can serve as a lifeline.  If you find yourself in this situation, you probably feel stressed about the uncertainty of the future, wondering how you will pay medical bills along with other daily expenses.

Filing a workers’ comp claim can help you and your family with these expenses so that you can focus on your recovery. However, workers’ comp claims are often complex and those who are unexpectedly hurt and unable to work often don’t know how to properly file a claim. That is what we’ll discuss in this article, so you can ease some of the uncertainty that comes along with a work injury.

Is my injury eligible for workers comp?

You are eligible to receive workers’ compensation if you are injured while acting within the normal scope of your job.

Exceptions:

• You may not be able to receive workers’ compensation if your injury can be remedied by basic first aid, such as small cuts or scrapes, and does not require treatment by a medical professional.
• If you are doing something illegal while at work and you’re injured as a result, you will not be eligible to receive worker’s compensation payments.
  If you are an independently contracted worker, you may not qualify.

Do I have to be at work when I’m injured to receive workers comp?

No. As long as you were performing a work-related duty when you were injured, you are eligible for workers comp regardless of your physical location at the time the injury took place.

Exceptions: 

• Commuting to work is generally considered outside of the scope of your employment, and an injury that happens during your commute will not qualify for workers’ comp.

How do I report a workplace injury?

Before filing a worker’s compensation claim, you should first report your injury to your employer. It’s important to do this as soon as possible. If you wait too long, it could negatively impact your claim.

It’s a sad fact that there are those who are looking to defraud the system and file a workers’ comp simply for financial gain. The longer you wait to file a claim, the less likely that you’ll maximize your benefits. Waiting to file allows too many opportunities and questions as to the true extent and severity of your injury.

For this same reason, it’s important to also seek medical treatment as soon as possible. This allows your recovery to begin while also adding to the legitimacy of your claim.

What happens after I report my injury to my employer?

A first report of injury filed (FROI) with the BWC will begin your formal claim. This can be done by either your employer or your doctor, however, if neither party reports your injury to the BWC, then you will have to report it yourself.

You can do that here: File a workers comp claim with BWC

Next, the BWC will review your claim by speaking with you, your doctor, and your employer. It’s important to be honest and thorough with officials. If you are approved, you will begin receiving benefits. However, if you are denied, your workers’ comp lawyer can help you prepare an appeal, which must be filed within 14 days. Even if you are approved for your claim, the BWC may pay you insufficient benefits. 

Your next step is to hire a workers comp lawyer. Workers’ comp claims can be very complex. The best chance at getting the compensation you deserve is to have an experienced workers comp lawyer to ensure nothing is overlooked. As a workers comp lawyer, I’ve helped over 3,400 people get the benefits they deserve. I understand every part of the workers’ compensation process in Ohio, and I can help you make sure that you get the help you and your family need during this difficult time. Contact me for a free case evaluation.

Let’s say you work in a factory or warehouse setting. You’re taking inventory when you slip, landing hard on your back. Turns out someone spilled a jug of liquid and you didn’t see it. You’re hurt but your pride is really what’s injured. So, you get up, have a laugh or two with your co-workers, go home, and a few days later, you wake up with horrible back pain.

After a visit to the doctor, you’re diagnosed with a sprained pelvis. The treatment? Bedrest for three weeks. Can you collect workers’ compensation for medical expenses and lost wages from a slip and fall? Absolutely. Under Ohio’s Workers Compensation laws, workers do not need to prove fault to bring a claim.

However, the best chance of having your claim approved depends on you following the workers’ compensation claim process.

Step 1: Report the injury to your employer

An injured employee is required to provide written notice in a timely manner. While some injuries may require immediate treatment at an emergency room, others may require a doctor’s visit for diagnosis. Regardless of how insignificant the injury may seem, report it to your employer right away.

Step 2: Contact a workers comp lawyer

Workers compensation laws are complex and updates are frequent, you are probably qualified for more benefits than you think. Filing incorrectly or incompletely can result in claim denial and/or abbreviated benefits. Benefits may include; injury compensation, medical benefit, death benefit, loss of use benefit, temporary disability, permanent partial disability, change of condition, vocational rehabilitation, and multiple injury compensation.

Step 3: Fill out the necessary paperwork

In Ohio, the majority of workers’ comp matters involve the BWC (Bureau of Workers Compensation), while some large employers are granted the privilege of administering and paying claims on their own (self-insured employers). Regardless, your claim is filed in the same way.

Your claim can be filed on your own, by your employer, by your treating physician, your managed care organization, or by your authorized representative (e.g., workers comp attorney or union representative).

The party who files the claim completes a First Report of Injury (FROI) on the BWC website or completes and mails a paper copy to any BWC service office.

Step 4: The insurer approves or denies the claim

If your claim is approved:

The insurer will inform your employer and you with payment details. You and your workers’ compensation lawyer may:

• Accept the insurance company’s payment offer, which might cover the costs of medical bills, medicine, disability payments, and a portion of lost wages
• Negotiate for a lump-sum settlement or larger structured settlement

If your claim is denied:

• Request a reconsideration from the insurance carrier
• You or your lawyer can file a formal appeal through the state workers’ comp board.

Step 5: Return to work

Once you can return to work, you must provide written notice to both your employer and the insurance company. Depending on the severity of your injury, the insurance company may have to pay permanent disability benefits.

Many employers choose to implement a formal return to work program, to help employees return to work as quickly as possible. These programs may offer modified duties or teaching alternate skills if they’re unable to resume their regular responsibilities.

Don’t Handle This Alone.

The simplest way to maximize your claim is to hire an experienced workers’ comp attorney. 

Although these tips are the best ways to maximize your workers’ compensation claim, with over 40 years of experience, workers’ comp lawyer Thomas Marchese has other skills and proven litigation tactics to further maximize what you may be entitled to.

If you’ve been injured on the job, call me today. We’ll get started on your case so you can focus on healing.

Workers who have needlessly suffered a workplace injury deserve to be compensated for their medical bills and lost wages. While workers’ compensation laws try to make that a clear and attainable objective, pitfalls can limit or even undermine your claim, including getting it outright denied.

Let’s discuss some steps you can take to maximize your workers’ comp claim.

Don’t Handle This Alone.

The simplest way to maximize your claim is to hire an experienced workers’ comp attorney. Submitting your initial paperwork is crucial to setting up the relief and reimbursement you may receive. Once you have filed your claim, workers’ comp carriers can push anxious and injured workers to make hasty decisions regarding their case. A lot of times, claimants may not be aware of all the options that may be available to them.

However, a skilled lawyer can ensure the initial paperwork is strong and present a clear case for compensation, and advise injured workers of their rights and full options, including the level of risk versus return for each. Don’t be pressured to accept an unfair settlement or agree to a lower disability percentage. If you find the terms unacceptable, we are prepared to demonstrate at a hearing our evidence why your case for reimbursement should be increased.

Follow Your Employer’s Guidelines for Filing a Claim

The longer you wait to file a claim, the less likely that you’ll maximize your benefits. Waiting to file allows too many opportunities and questions as to the true extent and severity of your injury. This is often viewed as a red flag that many carriers look out to help weed out improper, invalid, or untimely claims.

That is why it’s essential that you file a claim as soon as possible and follow all of the requirements and requests for information regarding your claim. Failure to do so could not only limit the compensation you receive but could also result in your claim being denied.

Stay Organized.

A lot of workers’ comp claims revolve around your medical records. So, not only should you ensure that you have all of your medical records from all of your providers, but you should keep them organized. This allows a workers’ comp carrier to find the relevant information to help support your claim, and it also can highlight how your injury may not have healed and progressed as the doctor believes it should have.

Having your medical records in a neat and orderly fashion can help provide a clearer medical chronology to help the examiner and judge determine your true disability level.

Bottom line

Although these tips are the best ways to maximize your workers’ compensation claim, with over 40 years of experience, workers’ comp lawyer Thomas Marchese has other skills and proven litigation tactics to further maximize what you may be entitled to.

If you’ve been injured on the job, call me today. We’ll get started on your case so you can focus on healing.

For any worker injured on the job, it can be difficult to know if you should file a workers compensation claim and when to do it. You may be asking yourself,

“Is my injury severe enough to file a workers comp claim?”
“Will my employer fire me for filing?”
“What bills are covered when I file for workers comp?”

In this article, I’ll answer those questions and more.

What Benefits Are Available through Workers Comp?

By law, injured workers are entitled to the benefits they need in order to get better, pay their bills, and compensate them for a permanent or long term injury. If you’re ever hurt at work, you’ll need to know about these three benefits.

1. 1. Medical Treatment
      The first and probably the most important benefit is payment for any medical treatment as a result of the injury. That includes emergency room bills, MRIs and X-rays, diagnostic testing, physical therapy and surgery, even psychological testing to help deal with the emotional repercussions that can often come from sustaining a serious injury. Workers compensation covers all associated costs, including co-pays and deductibles.
   2. Reimbursement of Lost Wages
      If your authorized doctor says you can’t work due to your injury, you will receive weekly benefits from workers’ compensation covering your wage and rate. Those payments will continue as long as you continue to receive authorized care, while awaiting surgery or recovering, until your doctor gives written consent that it is safe for you to return to work. Protecting your right to wage replacement is just another reason to file a claim. 72% of lost wages for the first 12 weeks, 66 ⅔% thereafter.
   3. Long-Term Monetary Losses
      Let’s say you experienced a heavy lifting injury that resulted in a herniated disc in your spine. Hopefully, you make a full recovery, get back to work, and have little or no lasting side effects from that injury. Unfortunately, there are many people who go on to have long term physical limitations despite having the best care. That doesn’t mean you can’t work ever again or enjoy life, it just means that you have to be more careful and possibly change the line of work you are in to compensate for any range of motion limitations or other lasting side effects. How much you receive in workers comp payments depends on the injury, occupation, job function as well as personal lifestyle. You are unlikely to receive compensation for a permanent injury without filing a workers comp claim. Our website homepage lists available benefits with more detail.

When Should I File a Workers’ Comp Claim?

IMPORTANT: You have one year from the date of your injury to file a claim with the Ohio Bureau of Workers’ Compensation (BWC).

Even if you don’t immediately think you’ve been badly injured, report your injury to your employer. That slight pain in your back could make you unable to get out of bed in a few days. Leaving your injury unreported can jeopardize your compensation. If you find yourself unable to perform your job to the best of your ability, you should file a claim immediately – we are here to help.

Can My Employer Punish Me for Filing a Workers Comp Claim?

Let’s be clear, it is absolutely illegal for an employer to fire you solely for filing a workers’ compensation claim. It is illegal to punish an employee in any way simply for them filing a workers comp claim.

Under Ohio Workers Compensation Laws, a worker does not need to prove fault to bring a claim.

If you feel your job was terminated solely for filing a workplace injury workers’ compensation claim, you might have additional protections under the workers’ compensation law. You may also have a civil claim against your former employer for wrongful termination.

Have you or a loved one been injured at work? Workers’ compensation claims are complex. Call or email me today to discuss your injury. Workers Compensation is all we do. We have proven success, your consultation is free, and I don’t get paid until you do.