If you are an employee who works from home, you might wonder whether or not you qualify for workers’ compensation benefits in the event that you experience an injury while working remotely at home. As we’ll explain through a consideration of Pennsylvania law and your rights, remote workers do in fact have the potential to collect workers’ compensation benefits.
Have you been injured while working as an employee at home? If you are a remote worker, you or your employer might not know your rights, and a Pennsylvania workers’ compensation lawyer from Goodwin Como, P.C. Attorneys at Law can help.
Workers’ Compensation Covers Workers Injured “As a Result of Employment”
The Pennsylvania Department of Labor manages the state’s workers’ compensation program and related services. Since 1915 the Pennsylvania Workmen’s (Workers’) Compensation Act has been in place to provide a process through which “employees who are injured as a result of employment” are able to receive compensation. Employees are guaranteed medical treatment and compensation for lost wages and other damages linked to workplace injuries or illness. Employers, by contrast, are protected against direct lawsuits from employees for those same damages, barring some other liability that might be present.
Compensation is Provided Regardless of Fault
It is important to know that under PA law, covered workers who are injured on the job will receive compensation after their covered work-injury, regardless of fault. This means that the damages suffered by the employee will be covered even if the employee contributed to the accident that led to their injury. The tradeoff as noted above is that the employee cannot directly sue the employer. However, if third parties were responsible in part or whole, additional damages may be available against any responsible third party.
How Do Remote Employees Collect Workers’ Compensation Following Injury or Illness?
When you are injured, the workers’ compensation benefits you might have a right to are not awarded automatically. Rather, you must file a claim that includes evidence to prove your damages, and in the instance of remote work, that your injury occurred on the job. Your claim is reported to your employer and filed with an insurance company that is motivated to reduce or deny your claim to maximize its profits. The best way to support your claim and collect what you deserve is by working with an experienced PA workers’ compensation lawyer.
Barriers to Collecting What You Deserve
The insurance company will require that you prove your injury or illness occurs within the context of your employment. This serves as a barrier to many injured workers, as they might not know what kind of evidence can support their position and prove how and where their injury occurred. Your local PA workers’ compensation attorney can walk you through the process and handle your claim every step of the way.
Explore Options on Your Case with Goodwin Como
To learn how we can help through your risk-free, cost-free initial case review, give us a call at 724-438-1616, or visit our site to schedule a consultation.