The rise of remote work has changed the way many people do their jobs. While working from home can offer flexibility and comfort, it also creates legal gray areas when injuries happen. If you’re hurt during the workday in your home office, you may still have rights to workers’ compensation or other legal remedies. Understanding how these claims work in New York can help you protect yourself.
When Work-from-Home Injuries Are Compensable
In New York, workers’ compensation may cover injuries that occur while you’re working from home—but only if they happen during the course of your employment. For example, if you injure your back while lifting a box of work materials, or trip on equipment set up for your job, that may qualify for benefits.
The key factor is whether you were performing work-related duties when the injury happened. If you were actively engaged in tasks tied to your job responsibilities during work hours, you may be entitled to compensation. Even though you’re at home, your workspace can still be considered a work environment under state law.
Challenges in Proving Remote Work Injuries
Unlike an injury at the office, a work-from-home accident doesn’t usually have witnesses or formal incident reports. This can make proving your claim more complicated. You may need to provide additional documentation to show that the injury was connected to your work.
This could include medical records, emails, work logs, or even photos of where the accident occurred. Timing is also important. Delays in reporting or seeking medical treatment can make it harder to prove your injury was work-related. This is why it’s crucial to act quickly after an incident.
Other Legal Options Beyond Workers’ Comp
While workers’ compensation is often the primary option, it may not be the only one. In some situations, you could have additional legal claims, such as if a defective piece of equipment contributed to your injury. Product liability or negligence claims might apply, depending on the circumstances.
In more complicated cases, speaking with an experienced attorney can help you explore whether you’re entitled to more than just basic benefits. This is especially true if your injury results in lasting medical expenses or impacts your ability to work.
Steps to Take Immediately After Injury
If you’re injured while telecommuting, take these steps to protect your rights:
- Seek medical attention as soon as possible.
- Notify your employer right away, just as you would if the injury happened in the office.
- Document everything—take photos, note the time, and keep records of communications.
- File a workers’ compensation claim promptly to avoid delays or denials.
FAQ
Does workers’ comp apply if I work from home?
Yes. If the injury happened while performing job duties during work hours, you may be eligible.
What if I slipped while getting coffee during my break?
This may be more difficult to claim, but some breaks are considered part of the workday. Whether it’s covered depends on the specific circumstances.
Do I need to notify my employer right away?
Yes. Prompt reporting helps protect your claim and shows the injury was work-related.
If you’ve been injured while telecommuting, contact Gash & Associates, P.C. in White Plains, NY, at (914) 328-8800. An experienced attorney can help you navigate the claim process and explore your legal options to secure the compensation you deserve.
