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Remote Workers & Workers’ Compensation: Is My Injury Covered?

Nov 30, 2021 - Workers' Compensation/Work Injury by

While some companies have always been flexible and allowed their employees to work remotely part or full-time, many did not make the switch until the global pandemic. Covid-19 made remote work a necessity for many businesses fighting to stay afloat during the shutdown. Because of this, many workers and their employers have begun to wonder, “If I’m injured while working remotely, will my injury be covered by workers’ compensation?” The short answer to this is “yes,” but it depends on several different factors. A Tuscaloosa work injury lawyer from our firm explains.

Factors to Consider to Determine Coverage

Whether or not a worker receives compensation for an injury they incurred while working has always been an issue that requires the courts to look at the big picture surrounding how and why the injury occurred. When the worker is remote, the circumstances can become even more convoluted. Some of the more important factors the court will consider for injured remote workers include:

Personal Comfort Doctrine

The personal comfort doctrine holds that an injury may be covered by workers’ compensation insurance if it was incurred by the employee while they were engaged in activities that are necessary for their welfare or personal comfort, and are considered part of normal working conditions. Activities such as eating lunch and using the bathroom fall into this category, although what is considered part of normal working conditions can sometimes be difficult to determine. For questions regarding the personal comfort doctrine and how it applies to your particular situation, you will need to consult with a Tuscaloosa work injury lawyer.

“Arises Out Of” and “In the Course of Employment”

If the injury “arises out of” and “in the course of employment,” it will typically be covered by workers’ compensation no matter where it occurs. “Arises out of” refers to the fact that the employee must show that the accident that caused the injury occurred during a work-related activity. “In the course of employment” relates to the time, circumstances, and place the injury occurred. 

Cumulative Injuries

Cumulative injuries are caused by repetitive trauma to the same muscles or nerves. These injuries may be covered by workers’ compensation for remote employees, but the conditions under which they occurred could be examined. For example, where is the employee performing their work from? If it’s office work that would normally be performed at a desk while sitting in an ergonomic chair, but the employee has instead been working while sitting on the floor in their den, this is a factor that may be considered when it is decided whether or not the injury is covered by workers compensation.

Speak With A Tuscaloosa Work Injury Lawyer Today

If you have been injured while working remotely, you need to speak with a Tuscaloosa work injury lawyer to explore your options for recovery, including workers’ compensation. At Cross & Smith, LLC, our attorneys are professionals experienced in helping injured workers across the state of Alabama recover the compensation they are due. You may reach us by calling 1-877-791-0618 or via our contact page.

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"ast year when my husband was injured in a car accident, I contacted Dell Cross. Immediately he and his wonderful staff went to work gathering all the information necessary to settle our claim. He explained every process, kept us informed and handled everything from the insurance companies down to the smallest bill. He made himself available to us anytime day or night, answering our questions and dealing with our concerns"
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