As a result of the COVID-19 pandemic, more people are working from home than ever before. As workers in Oklahoma transitioned from offices to remote settings, many began to wonder whether the Oklahoma Workers’ Compensation Act covers injuries sustained while working remotely.
While the Workers’ Compensation Act indeed covers most work-from-home injuries, the insurance companies that provide workers’ compensation policies may try to minimize or even deny legitimate claims. At a minimum, work-from-home injuries tend to face more scrutiny.
If you have sustained an injury while working from home in Oklahoma, it is vital to discuss your case with a seasoned workers’ compensation lawyer right away.
The experienced workers’ compensation attorneys at Ryan Bisher Ryan & Simons can advise you about your legal rights under the Oklahoma Workers’ Compensation Act, help expedite the claim process, and negotiate for a settlement on your behalf.
Contact us today for a free case review.
Does Workers’ Comp Cover Remote Workers?
Workers’ compensation covers many injuries sustained by remote workers, though an injury must meet specific qualifications to qualify for benefits.
In 2017, the Oklahoma Supreme Court broadened the definition of “employment services.”
Pursuant to the ruling, the definition of employment services in Oklahoma now also includes actions that occur at locations apart from the office but still affiliated with and ordered by the employer. Even though a work-from-home injury does not happen on the employer’s property, it still occurs in the course of a person’s job duties. Because of this expanded interpretation of employment services, it may be possible to file a workers’ comp claim for a work-from-home injury.
Still, remote workers’ compensation claims will likely face stricter scrutiny. That is because the company has less influence and authority over safety in a remote work environment. It also cannot monitor or enforce safety measures. To reduce their potential liability, employers might institute additional steps to prevent work-from-home injuries, such as outlining strict work hours and breaks so that they can’t be held responsible for accidents that occur when a remote worker is not “on the job.”
What Are the Most Common Work-From-Home Injuries?
While desk-bound office workers are at lower risk for workplace injury than workers involved in heavy industry or transportation, “lower risk” does not mean “no risk.” Injuries can still occur in houses and apartments.
If you’re hurt while working – particularly if it prevents you from doing your job – you could have a legitimate workers’ compensation claim.
- Slip-and-fall injuries – Slip-and-fall injuries are widespread in the workplace and at home. You could slip on wet tile, a cracked floorboard, a rickety stairway, or a hazardous walkway, or trip over family pets, rugs, and clutter. Slip-and-fall accidents can lead to injuries such as:
- Broken bones
- Traumatic brain injuries, including concussions and hematomas
- Skull fractures
- Cuts, scrapes, and lacerations
- Internal injuries due to blunt force trauma
- Neck and back injuries – Neck and back injuries frequently occur due to slip-and-fall accidents but can also occur due to overuse, poor posture, and other causes. Back and neck injuries can include minor injuries such as sprains, strains, herniated discs, and pinched nerves. They can also include more severe and debilitating injuries, such as spinal cord damage. If the spine is broken, paralysis can occur, which can be permanent. If the spinal cord is damaged in the lower back, the individual could be paralyzed below the injury site, including the legs and the pelvis area. If the spinal cord is damaged in the neck and upper back area, paralysis may be more extensive.
- Burns or electric shocks – Burns and electric shocks may occur in the home workplace as well. Contact with power outlets, unprotected parts of electrical cords, dangerous appliances or machinery, and other items can cause electrical injuries resulting in burns. Burns can be extremely painful and can cause permanent scarring and disfigurement. Burns can also have negative emotional and psychological effects.
- Repetitive trauma injuries – Injuries that develop over time due to repeated actions in the workplace can also occur while working from home. For example, a worker might develop carpal tunnel syndrome due to typing tasks in the home office or back injuries from sitting in an un-ergonomic position while working.
How to Prove a Work-From-Home Injury
Workers typically have the burden of proof in workers’ compensation cases. To be eligible for benefits, workers need to demonstrate that they were performing their job duties at the time of the injury.
An insurer will likely consider certain factors when determining whether a work-from-home injury qualifies for workers’ compensation, including:
- The location of the accident that caused the injury
- Whether the worker was actively performing their job at the time
- Whether the employer has a work-from-home policy in place
Courts have generally agreed that workers who injure themselves while working from home are no different from workers who injured themselves at the office. That is because the home is increasingly an extension of the office, and if an employee is injured during the course and scope of doing their job, they deserve to be compensated by their employer.
Another typical example occurs when a worker is injured while running an errand for their boss. If a worker is injured in a car accident while on a work-related errand, they can still claim workers’ compensation benefits even though they are not physically on the employer’s premises because they were injured while performing their job. The same principle applies to work-from-home injuries.
How to Make a Workers’ Comp Claim for a Work-From-Home Injury
Several steps you should take after sustaining a work-from-home injury include:
- Seek medical attention. Get medical care as soon as possible.
- Report the injury to your employer. If you are injured while working from home, contact your employer as soon as possible and notify them of the injury. Your employer can then inform their insurance company.
- Cooperate with the insurance company. The workers’ compensation insurer will likely reach out within a few days to let you know that they are looking into your claim. You may need to answer questions and furnish medical documentation.
- Consult with an attorney. Work-from-home injuries are subject to extra scrutiny, and the insurer may use this as a pretext to reduce or deny your claim. Bring an experienced workers’ compensation attorney on board to evaluate your claim, gather documentation, pursue an appeal if your claim is denied or undervalued, and negotiate a settlement that meets your needs after the accident.
Contact Our Oklahoma Workers’ Comp Attorneys Today
Insurance companies heavily scrutinize work-from-home injuries, so having an attorney in your corner is crucial. Contact our dedicated workers’ comp attorneys at Ryan Bisher Ryan & Simons for a free case review if you were injured while working from home.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
