Telecommuters Are Entitled to File for Claim Workers’ Compensation Benefits

At Silverman, McDonald, & Friedman, our workers’ compensation lawyers are trusted advocates for our clients who are facing a workers’ compensation dispute regardless of where they work. Call us in Seaford, Wilmington or Newark for a free consultation.

In today’s world, more and more workers are using the computer to do their jobs from the comfort of their home. Some employees work part-time from home. Many workers communicate across Delaware and across the globe from home on a full-time basis. Telecommuting is attractive because it saves the time and expense of driving to work. According to Global Workplace Analytics, 4.3 million employees work from home at least 50% of the time. Telecommuting is popular among Mid-Atlantic and New England employers.

Just because a worker is doing his/her job from the comfort of home doesn’t mean work injuries don’t happen. Fulltime workers are four times more likely to be given the option to work from home as part-time employees.

At-home work injuries can occur in many ways. A worker can slip and fall over an extension cord or just walking to his/her work-desk. Backaches and neck sprains are common. Many people who work with computers develop repetitive stress injuries. A fire can occur while someone is working from home.

Some of the issues involved with telecommunicating work injury claims

As with all work injury claims, an employee is not required to show negligence on anyone’s part. If the worker was an employee and the injury was work-related, then the employee should be entitled work to work loss benefits and to payment for all reasonably necessary medical bills.

Proving a home accident was work-related can be more difficult than proving an injury occurred at a work site. Defense lawyers are likely to argue the accident was for a personal task such as getting the mail or getting something to eat than for work. Many workers who telecommute work eight hours but are more likely to split their work between day and night shifts than workers who are at an office. Accidents that happen between 9 and 5 are less likely to be challenged than a work injury that happens 8pm at night.

Having a login system can help verify the employee was on-duty when an accident happened. The task that was being done when the injury happened is a strong indicator of whether the injury happened during the course of employment.

Another issue in telecommunicating injury cases is whether the worker was an employee or an independent contractor. Employees who are hurt while doing their job are entitled to workers’ compensation. Independent contractors usually are not entitled to work injury benefits.

Generally, an employer can control the hours the employee works, what type of work is done, and how they work is done. Independent contractors often work for multiple employers. Other issues that can help determine the employee/independent contractor status are how the employee is paid. If the employee receives a W-2 and has social security and taxes deducted from the paycheck – that suggests an employee relationship. A 1099 and pay by the hour or by assignment suggests an independent contractor status.

Employees who telecommute are still required to let their supervisor or employer know they’ve had a workplace accident as soon as possible.

Don’t let an employer deny your right to workers’ compensation benefits. Call an experienced Delaware work injury lawyer today

All employees are entitled to demand workers’ compensation benefits if they are injured on the job. It doesn’t matter whether they work from home, do work that isn’t considered strenuous, or do work that is away from a standard work office or industrial site. If the worker is an employee and the injury or illness is work-related, then, generally, the worker is entitled to wage benefits and payment for all medical care need to get and stay health. For help with any Delaware workers’ compensation case, please call Silverman, McDonald & Friedman, today. You can call us at 302-888-2900 or fill out our contact form to schedule an appointment. We represent workers in Wilmington, Newark, and Seaford.