Can I Get Workers’ Compensation After a Remote Work Injury?

Yes, you may be eligible for workers’ compensation if you were injured while working remotely. In New York, as long as your injury occurred in the course of employment, you are eligible for workers’ comp.

A New York workers’ compensation lawyer can help with your claim.

Can You Get Workers’ Compensation If Your Injury Happened During Remote Work?

Yes, you can get workers’ compensation if your injury happened during the course of your remote workday. These injuries can include:

• Tripping while heading to the bathroom.
• Repetitive strain injuries, such as carpal tunnel syndrome.
• Injuries that occur during lunch breaks are sometimes also covered by workers’ compensation.

Are There Any Requirements for Getting Workers’ Compensation Benefits as a Remote Worker?

Yes, there are some eligibility requirements for getting workers’ compensation benefits as a remote worker. These include:

• Being classified as a traditional worker, rather than an independent contractor.
• There must be evidence of the injury and that it was due to work/happened during the course of work. 
• You must notify your employer within 30 days of the injury occurring. Make sure to do so in writing so there is an official record of having done so.

Can you file an injury claim if you are an independent contractor? Yes, but the process will be completely different.

What Evidence Is Needed to File a Workers’ Compensation Claim as a Remote Worker?

One of the most important pieces of evidence for your workers’ compensation claim is your medical records. When an injury occurs or is noticed, if it is a repetitive strain injury, you should get medical attention as soon as possible.

Except in emergency medical situations, you generally must see a doctor who is authorized by the New York Workers’ Compensation Board. Make sure to tell the doctor that the injury occurred during your work shift.

In addition to medical documentation, other helpful evidence can include:

• Photos of the hazard that caused the injury, such as a broken chair or a tripping hazard.
• Witness statements, for example, if a roommate saw you trip.

What Workers’ Compensation Benefits Are You Eligible for After a Remote Work Injury?

You are typically eligible for all of the same benefits as you would be if you were an in-person employee. These benefits include:

Medical Benefits

Your workers’ compensation healthcare benefits include:

• Medical care.
• Dental care.
• Optometry services.
• Surgical care.
• Medically necessary devices.
• Doctor-prescribed medications.

As noted above, you must go to a doctor authorized by the New York Workers’ Compensation Board unless it is for emergency medical services.

Lost Wages

You are eligible to recover lost wages in two instances:

• Your injury will prevent you from working for more than seven days.
• You are unable to return to the same number of hours or level of work.

When either of these conditions is met, you may be eligible for:

• Lost wage benefits, starting from the first day you were unable to work.
• Benefits that cover two-thirds of the difference between pay if your earnings are reduced.

It’s important to note that New York sets a maximum wage benefit (which is updated every year). Your wage benefits cannot exceed this amount.

How Can a New York Workers’ Compensation Attorney Help With Your Claim?

When you’re in pain and worried about your job, it can be hard to concentrate on complicated paperwork and advocating for yourself. That’s where a lawyer comes in. They handle the legal process, so you can focus on recovering instead.

Your lawyer can:

• Gather evidence and documentation to support your claim.
• File all necessary paperwork.
• Advocate on your behalf, fighting for the full amount of workers’ comp benefits you are entitled to.
• Handle all communications with the insurance company and your employer if they are denying your claim.
• Handle appeals if your claim is denied.

Your lawyer can keep you updated on the status of your claim and ensure you feel confident in your next steps.

What If Your Workers’ Comp Claim Is Denied?

Workers’ compensation claims can be denied for a variety of reasons. However, that doesn’t mean you are out of legal options.

Why Might Your Claim Be Denied?

Some common reasons for denied workers’ compensation claims include:

• You missed the deadline to report your injury. You only have 30 days to do so.
• You delayed medical treatment, or never saw a doctor at all. 
• Your claim form had errors.
• Your injury could not be linked to your work duties or hours.
• You were ineligible. For example, if the injury was sustained while you were under the influence of drugs or alcohol.

What Can You Do If Your Claim Is Denied?

Your lawyer will prepare you for a workers’ compensation hearing. Here, the company that denied the claim will present its reasons for doing so, and you will be able to rebut the denial. At this hearing, you can present additional evidence that supports your claim.

If the claim remains denied after the hearing, your lawyer can appeal this decision. 

Contact a New York Workers’ Compensation Attorney Today

Can you get workers’ compensation after a remote work injury? Yes, and you shouldn’t have to take on that burden alone. A lawyer from our legal team can help you through every step of the workers’ comp claim process.

At Shulman & Hill, we fight for injured workers and their families every day. We’ve helped over 26,000 clients, and our case results speak to our determination to advocate for fair results. Contact us today to schedule a free consultation.