Can You Get Work Comp Benefits if You Work From Home and Are Injured?

When you work from home, it is difficult to prove that you were working within the scope of your employment when injured.

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There are many perks to working out of your house. Whether you are a freelancer, flex-time worker or independent contractor, the advantage is that you can decide to work when you want to. One of the disadvantages, however, is that you might not be entitled to workers’ compensation benefits if you are injured, even while performing under the scope of your duties.

Your ability to claim workers’ compensation for your injury depends on what your employment status is and how you request compensation. If you work from home in Missouri and are injured while working, it is best to consult a St. Louis workers’ compensation attorney to make sure you are getting all that you are entitled to.

When you are at work, there are typically others around to witness the events leading up to your accident and to lend credence to your claim. But when you are at home alone, it might be more problematic to prove that you were working within the scope of your employment.

The Burden is on the Injured Party

Although it doesn’t matter who was at fault when you are injured at work, what does matter is what you were doing. To be eligible for workers’ compensation, you can be negligent, but you had to be working under the scope of your employment. For those who work out of the home, that can be difficult to prove. The burden of proof that you were working is on you.

Specifics of the Events Do Matter

If you make a claim and the insurance company decides to challenge you, then you will have to provide concrete proof that you were working under the scope of your employment, which for some home office jobs might be more difficult than others. That is why you should hire a St. Louis workers’ compensation lawyer to help you with your case.

Another thing that will influence your ability to collect workers’ compensation is what type of employee you are. If you are an independent contractor, then you might not be entitled to benefits. Knowing what type of arrangement you have with your employer is imperative to getting what you are entitled to.

Contact a St. Louis Work Comp Attorney

If you are injured while working from home and under the scope of your employment, you will have to be able to prove that the injury was work-related and that you are entitled to workers’ compensation benefits. For more than 20 years, The Law Office of James M. Hoffmann has been helping injured workers receive their benefits. Call us today at (314) 361-4300 or fill out our online case evaluation form to request a FREE consultation.

Updated: December 31, 2017