Working from home is extremely convenient and many Florida employees fought to continue doing their job remotely even after the Covid-19 stay at home mandates were lifted. But what happens if you suffer an accident during the work hours? Can a Miami workers comp lawyer help remote workers file for workers comp benefits?
Here is what you need to know on this topic.
Florida Workers Comp System Covers Most Employees
The workers compensation system in Florida covers all employees, with just a few exceptions. It does not matter if they work full-time or part-time, from the office, from home or from any other location.
The core of the system is embodied in Florida Statutes 440.09, which states that an employer must pay benefits to an injured employee who suffers an accidental compensable injury “arising out of work performed in the course and the scope of employment.”
The specific definition of the compensable workplace accident makes it more complex for remote workers to get their claim approved.
The Number One Challenge: Proving that You Were Doing Work-Related Activities
Let us imagine two scenarios. In the first scenario, John leaves his home office to go to the kitchen and get a glass of water. He slips on the freshly mopped floor and sprains an ankle.
In the second scenario, Jane gets up from her computer to get a paper related to work out of the printer machine, trips over a power cord, and sprains her ankle.
According to the definition of the workplace accident under Florida law, John is not eligible to file a claim, but Jane is.
The Second Important Challenge: Proving You Were on the Clock
Simply being physically present at the place of work is not enough to prove that you suffered a work-related accident. You also must prove that you were on the clock. For instance, an accident taking place during a lunch break does not make you eligible to file a workers comp claim.
For remote workers, proving the exact moment when the accident happened is essential. Just five minutes either side of the hour when you are supposed to start or end work make the difference between having and not having a valid claim.
How to Maximize Your Chances of Getting Your Workers Comp Claim Approved
An experienced Miami workers comp lawyer knows that insurance companies are fighting all claims aggressively, but especially those filed by remote workers. They will cast doubt on every aspect of the claim, from when and where you were injured to the extent of your injuries.
Your attorney needs to counter these doubts with solid, undeniable evidence. Here are some of the ways in which you can help your lawyer win your workers comp benefits:
- Document the time and place of the accident with detailed photos (including a clock showing the hour)
- Email your employer as soon as possible to inform them of the accident – emails have a timestamp which cannot be tampered with
- Ask for an ambulance to take you to the nearest hospital – the EMT crew will include the exact time when they arrived at your home in their report
Also, you should make sure that the place where you work is separate from the rest of your home. Having a home office removes the ambiguity related to the type of activity you were performing when you suffered the accident.
By contrast, if you simply sit in the living room with your laptop and the room is also used by other family members, the lines between work-related tasks and activities outside work become blurred.
Let an Experienced Miami Workers Comp Lawyer Help You Get Benefits!
Working from home has many perks, but a major problem when remote workers need to file a workers comp claim. For these reasons, you should always discuss your case with a skilled Miami workers comp lawyer before filing your claim.
The lawyer will help you gather all the necessary evidence and guide you through the entire claim process. Moreover, if you have a valid case, we will represent you on a contingency fee basis – we won’t charge any fees until we obtain your benefits.
Also, as a new client you benefit from an initial free consultation, so call us at 954-324-COMP!
