Can You File for Workers’ Comp if You Telecommute?
Over the last ten (10) years, a lot of people have started to telecommute. It’s more convenient for the employee and it is usually cheaper for the employer. This means that, for the most part, the company these people work for trusts that they’re actually working when they claim to be working.
This usually is a non-issue. However, when it comes to workers’ compensation claims in Baton Rouge, it is an issue. When people who work from home file a workers’ comp claim, they can run into some serious issues.
What most people don’t understand is that people who telecommute are entitled to workers’ comp benefits in Louisiana. In fact, anyone who is a full-time employee is eligible for workers’ comp in Louisiana. Of course, there are exceptions to this rule. Some of these include:
- Companies who have fewer than three (3) employees
- Maids and domestic servants
- Farm workers
- Newspaper delivery people
- Federal employees
- Railroad workers
- Independent contractors and consultants
One question a lot of people have is how someone who telecommutes could possibly suffer a workplace injury. The fact is, it doesn’t matter where you work. If you get hurt while on the clock, you should be entitled to workers’ compensation benefits.
Your Work Duties May Put You at Greater Risk of Injury
While people who work from home are indeed eligible for workers’ comp, they have to be employees in order to qualify. A lot of people who work from home are either consultants or independent contractors. These people are not covered under workers’ compensation in Baton Rouge, Louisiana.’
If you’re not sure if you are eligible for workers’ comp benefits, you need to check with your employer. This isn’t something you want to find out after you’ve suffered a work-related injury. If you’re unsure, you need to call and talk to an experienced workers’ compensation attorney in Baton Rouge.
Some workers are more at risk of getting hurt on the job than others. Since a lot of people who telecommute do office work, they aren’t at great risk of getting hurt.
Most workers’ compensation cases involve the following types of workers:
- Truck drivers
- Construction workers
- Factory workers
- Electricians and other blue-collar workers
- Warehouse employees
- Police officers
- HVAC workers
This doesn’t mean that office workers can’t get hurt on the job. You could suffer all sort of injuries, including:
- Carpal tunnel syndrome
- Back injuries if your chair breaks or you slip and fall
- Vision damage or hearing damage
- Injuries suffered in a car accident on the way to see a client
Your Baton Rouge Workers’ Comp Attorney Will Have to Prove Your Injuries are Work Related
The hardest part about your workers’ comp claim will be proving that your injury was work related. If you work from home, a lot of people assume that you mix personal time in with your work time. Others think that telecommuters don’t work at all and get paid to sit home and watch television.
If you’ve ever worked from home, you know this isn’t true. Some people who work from home put in more hours than anyone who works in the office. It’s just an unfair presumption that people have about telecommuters.
Regardless of whether the presumption is true or not, it can make it hard to prove your workers’ compensation claim in Baton Rouge. Your employer may truly believe that your accident happened when you were engaged in personal tasks. If this is the case, they’re going to deny your claim.
Your Baton Rouge trial lawyer will have to convince the insurance adjuster that you were on the clock at the time of your injury.
Contact a Skilled Workers’ Comp Attorney in Baton Rouge, Louisiana
If you telecommute and experience a work-related injury, you may need help. Your employer and their workers’ compensation insurance company are quick to deny claims submitted by people who work from home. They believe that the accident and ensuing injuries took place on personal time – not company time.
The good news is, an experienced workers’ comp attorney in Baton Rouge understands this. They also know how to prove that your injuries were, in fact, work related. They’ll review your case and gather the evidence necessary to prove your claim.
If you’ve gotten hurt on the job and your claim has been denied, call an experienced workers’ comp lawyer in Baton Rouge today. You can schedule your free initial consultation. And remember – you pay nothing until you settle your case.