Are Remote Workers Eligible for Workers' Compensation in Oklahoma?

Technological advances and changes in workplace culture have led to a surge in employees working from home. A recent Pew Research Center survey finds that around one-third of Americans currently work remotely. 

Changes to the traditional work environment raise questions about whether remote employees can receive workers’ compensation benefits. Workers’ comp laws vary from state to state, and in Oklahoma, remote employees may be eligible. However, proving a work-from-home injury can be challenging. You may need help from an Oklahoma workers’ compensation lawyer to access workers’ compensation for remote workers. 

Are Work-at-Home Injuries Compensable Under Workers’ Comp Law?

Oklahoma’s workers’ compensation laws state that compensable injuries are those that occur during the “course and scope” of employment. Therefore, you can receive workers’ comp working from home if you were hurt while performing remote work.  

You may be entitled to file a workers’ compensation claim for remote employees if any of the following apply:

• Your employer was benefiting from your actions at the time of your injury
• Your employer required the work that caused your injury
• Your employer approved you to work from home or work remotely
• Your injury involved company-supplied equipment
• Your employer had control over your at-home work environment

Factors Influencing Workers’ Compensation Coverage Determination in Oklahoma

According to the Oklahoma Workers’ Compensation Court, most employees in Oklahoma have workers’ compensation insurance through their employer, beginning on the first day of their job. Therefore, you should be covered under workers’ compensation unless you are an independent contractor. 

Workers’ compensation offers the same benefits for remote employees and on-site workers, including medical coverage, wage replacement, vocational rehabilitation, and death benefits for the families of fatally injured workers. 

Factors that may influence the amount and length of coverage in Oklahoma include:

• The severity of your injuries
• Whether or not your injuries result in a permanent or total disability
• Whether or not your injuries prevent you from ever returning to work or performing your previous job
• The date of injury
• Your current wages
• The provisions of the Oklahoma Workers’ Compensation Statutes

What To Do After a Work-from-Home Injury

If you are a remote employee and suffered a work-from-home injury, you should report it to your employer immediately. Doing so can protect your right to file a claim. You should also:

• Document everything you can. Record the date, time, and exact location of your work accident. Note the specific work activity you were engaged in at the time of injury. Take photographs and video of the injury and accident scene. 
• Seek treatment from an approved medical provider. Your employer can provide a list of physicians approved by your workers’ comp insurer. Seek treatment promptly, save medical bills and records, and follow your doctor’s orders. 
• File claims promptly. Prompt filing ensures you meet policy deadlines for your workers’ comp insurance. 
• Contact an attorney. Consider contacting a workers’ compensation lawyer who can fight to maximize your compensation. 

Were You Injured While Working Remotely in OK? Contact Ryan Bisher Ryan & Simons for Help

Ryan Bisher Ryan & Simons can help seek workers’ comp for remote employees. If you sustained a job-related injury at home, contact us or call today to connect with an Oklahoma workers’ comp attorney near you. We offer free initial consultations.