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Working From Home: Can I File for Workers Comp?

Until the COVID pandemic struck, very few people in Florida worked from home. Of course, there have always been remote workers. But, for the most part, people tend to work on-site. One reason for this is that not all jobs are conducive to working from home. Another reason is that not all employers trust that their employees will work hard if they don’t have to come into the office. Workers comp lawyers in Miami, Florida noticed, however, that things changed a few years ago.

When COVID first hit, nobody was going into the office for work. Even companies that normally would never allow employees to work remotely were doing things differently. Once the medical community got a better hold on the virus, some people were called back into the office.

The thing is that many businesses realized that they were more productive when they allowed people to work from home. Accountants no longer had to come into the office. Administrative assistants and paralegals were told they only had to come into the office once or twice a week.

What this means for personal injury lawyers in Miami, Florida is that they are filing more workers comp claims for people working from home. With so many more people working from home, the number of at-home work-related injuries skyrocketed.

It Can Be Hard to Prove That Your Injuries Happened on the Job When Working From Home

One of the difficult things about being approved for workers comp when working from home is proving that you were hurt while working. For all your employer knows, you may have been doing laundry or cooking dinner when you got hurt. It comes down to a matter of trust and documentation.

This is why it’s a good idea to hire an experienced worker’s comp lawyer in Miami, Florida. They know how to gather the necessary evidence to prove your claim. For example, they may be able to show that you were actively typing on your company laptop moments before your injury. Or they may be able to confirm with a client that you were negotiating a contract with them while working from home when you suddenly had to hang up.

Your Personal Injury Lawyer in Miami, Florida Will Fight to Get You Benefits

When you hire your personal injury lawyer in Miami, Florida, one of the first things they’ll ask you is what your daily routine is. Do you normally drive to see clients during certain hours? Do you make client calls in the afternoon rather than in the morning? These things may seem trivial. However, they could be the difference between having your claim approved and having it denied.

If your claim is denied, your attorney will have to demonstrate that you meet all the eligibility criteria while working from home. These include the following:

  • You must show that you were working within the scope of your employment at the time of your injury
  • Your injury must be of the type that you could suffer while working from home
  • You got hurt during normal business hours
  • You are unable to do your job, even working from home, now that you are hurt
  • You weren’t under the influence of drugs or alcohol at the time of your accident

When people get hurt on-site, they often have coworkers testify as to what happened. There are also video cameras that may have caught what happened. You don’t have the luxury of these things when working from home. You can imagine how credible the court will find a family member who swears that you were working when you got hurt. They just don’t carry the same weight as an impartial observer.

workers comp lawyers in Miami Florida

You May Be Asked to Return to Work on Light Duty Faster Than Other Workers

One other important thing to consider is that people working from home are usually able to do their job while they’re recovering. For example, if you sprain your ankle, you won’t be able to drive to the office. Nor would you be able to travel back and forth to the conference room, break room, etc. However, when working from home, you can easily prop your foot up on the couch and resume working.

For this reason, there’s a good chance you’ll be asked to return to work sooner than people who work at their company’s physical location. Of course, you may be put on light duty. For instance, if you normally work as an accountant, they may move some of your more complicated clients to a coworker while you recover. But they may expect you to conduct follow-up on some less crucial accounts.

The same is true if you’re a salesperson. You may normally have to travel back and forth to clients’ offices. While on light duty, you’ll probably only be required to make sales calls by phone or via Skype or Zoom. This may seem like you’re working full-time, but as long as you’re receiving partial benefits, you shouldn’t have cause to complain.

Reach Out to a Seasoned Workers Comp Lawyer in Miami, Florida Today

If you suffered a work-related injury while working from home, you should give us a call. You may think you aren’t eligible for workers compensation benefits because you work at home. You may figure it’s impossible to prove that you were working at the time of your injury. And, while you may be partially right, that doesn’t mean you aren’t allowed to file a worker’s comp claim. Your personal injury lawyers in Miami, Florida will treat your claim no differently than other cases.

We recommend that you call us as soon as possible after your accident. This gives us time to review your case and help you file your claim. In addition, we can negotiate with your employer to make sure your claim is paid.

Call us today and schedule your free, initial consultation. You can come in and meet with a legal professional for free. Since it won’t cost you a dime, you have nothing to lose.