Navigating Workers’ Compensation for Remote Employees in California

1. Navigating Workers’ Compensation for Remote Employees in California According to the Public Policy Institute of California, about 14% of California residents exclusively work from home. Another 21% work remotely sometimes despite being in the office on other days. Remote work is here to stay, and protections for remote employees must be, too. As a result, legal rights for remote workers is a critical consideration for companies. Remote work injury claims are critical for recovering damages after a work-from-home injury. Read on to learn the ins and outs of remote work, compensation, and how a workers’ compensation attorney can help. When Do Employers Cover Remote Work Injuries? There are several factors that determine whether your remote work injury will be covered by workers’ compensation. Employees are covered in a way that independent contractors aren’t. However, sometimes employees are miscategorised as contractors when they do the job of an employee. A workers’ compensation attorney can apply the state of California’s ABC test to see whether you are rightfully an employee or a contractor. The injury also needs to have happened during the course of your employment, and you need to prove that your job was a direct cause of the injury. This means that the injury must have:

2. Been sustained while you performed your work duties Taken place when you were actively working Happened in a home office during work hours If you were injured outside of your designated home office, you are unlikely to get compensation. Challenges with Remote Work Injury Claims Remote work makes it difficult to draw the line between a home office and a personal space. This makes it challenging to prove that the injury happened in a work-related setting. If you use your home office for both work and personal tasks, this might inhibit your coverage. Proving that the injury did not happen because of personal activities is also difficult. This is because there are no eyewitnesses as there would be in an office. Verifying work conditions is also challenging since no one else sees them. To overcome these challenges, it’s important to: Be aware of what injuries California workers’ compensation covers Know what your employer’s responsibilities are in preventing injuries Hire an experienced workers’ compensation lawyer to discuss your options Clearly describe the connection between your work and the injury Common Remote Work Injuries and Employer Responsibilities California businesses are required to provide workers’ compensation to all their remote employees. The coverage should pay for: Injury-related medical expenses Lost wages due to injuries Rehabilitation services However, it can be challenging for remote employees to prove that their injury is connected with their job. When you aren’t supervised in an office or working with company machinery, these cases can be harder to prove. Eye strain and fatigue are common injuries for those who work remotely. Most remote jobs rely on a computer, so you may be looking at a screen for eight hours a day for work. This can cause eye problems and headaches. Employers must provide employees with adequate time for breaks regardless of where they work from. This stops eye strain and blurred vision from becoming as serious a problem. Company computers with larger screens and adequate lighting are also reasonable accommodations. Musculoskeletal strains are also a common reason to hire a workers’ comp lawyer. Ergonomic problems with seating positions and typing can cause:

3. Back pain Neck pain Carpal tunnel Companies should provide appropriate ergonomic seating and equipment to stop these issues from developing. This may include wrist rests and comfortable desk chairs. Some people also consider hiring a workers’ comp lawyer because of mental illnesses stemming from work. Isolation and stress can contribute to depression and burnout. Work- related stress can also cause anxiety disorders. These cases are among the hardest to prove, but they do periodically take place. Regardless of what you’re experiencing, a workers’ compensation attorney can help you determine whether you have a case. The Compensation Claims Process for Remote Workers Workers’ compensation investigations are usually much more extensive for remote injuries vs onsite ones. Employers are required to collaborate with insurance carriers and workers’ comp lawyers to look comprehensively into the circumstances behind your injury. The burden of proof is the most challenging part of this, and it lies with the employee. Attorneys know how to provide detailed documentation and evidence of injuries, including: Medical records Emails and text correspondence to employers Emails and texts with other employees Photos of injuries, if applicable They’ll also help prove the sum of the damages you’re due by collecting: Medical bills Pay stubs to prove missed wages Bills for mobility aids, wrist/back braces, etc An attorney can help you talk with employers and learn about your injuries. Hiring an experienced attorney prevents you from getting tripped up while talking with people who don’t want to pay you the damages you’re due. Saying the wrong thing can cost you the compensation you deserve, so avoid that by having a lawyer navigate these discussions for you. A good workers’ comp lawyer can also help you decide when to agree to collect damages. They’ll advocate for you when talking to employers and insurance agents to try to get you as much money as possible. Once they reach a good settlement, they’ll let you know that it’s time to accept it. Talk With an Experienced Workers’ Compensation Attorney Today Now that you know how an experienced workers’ compensation lawyer can help navigate claims, it’s time to see compensation for injuries sustained due to remote work in California.

4. At Solimon Rodgers, P.C.,we’re committed to helping you recover damages and afford treatment. We have decades of combined experience and are completely dedicated to helping injured Southern California workers get their due. We also operate on contingency, which means that you don’t pay unless you win. Our team takes a percentage of your winnings rather than an upfront fee, so you don’t need to worry about legal assistance being unaffordable. Contact us today to schedule a free attorney consultation. We’re excited to discuss the ways that we ensure California families remain protected from financial devastation after workplace injuries. Call us at (844) 774-3577 or visit https://kingsofwc.com/ to learn more.