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Workers’ Compensation for At-Home Workers

Working from home has its perks, but it also comes with some drawbacks. As a workers’ compensation lawyer from a law office like The Wieand Law Firm can explain, if you are injured while working from home, it could complicate the workers’ compensation process. Can you receive compensation as an at-home worker? It depends.

When Does the Workday Begin?

Some employers of at-home employees have a particular time the employee has to clock in for the day. If that employee works remotely doing door-to-door sales and his or her office is in the home, clocking in might consist of pulling out of the driveway en route to the first call. It’s also possible the employer would require clocking in to be at a certain time in the morning while the employee makes phone calls in the office. In any case, you have to consider whether you were officially clocked in at the time of your injury. If you weren’t, you might not be entitled to compensation.

What Were You Doing?

Think about what you were doing at the time of your injury. Was it in line with your job duties, or were you doing something for yourself? For example, if you were sitting in your home office making phone calls when the roof collapsed on you, you could likely seek compensation for the sustained injuries. However, if you were taking a break and you were outside watering your garden when you tripped and fell over the hose, you would likely not be able to claim workers’ compensation.

You also need to keep in mind that even if you were doing a job-related duty, not every injury qualifies. For example, if you were intoxicated while trying to perform your job, and your injury was a direct result of being intoxicated, you likely wouldn’t be entitled to compensation.

What Is Your Role?

Not every at-home worker is an actual employee. You can only receive compensation as someone actually employed by the company. If you are on the company’s payroll and you have a boss that determines your hours and pay rate, you qualify as an employee. If you have more flexibility in those areas, you might be considered a consultant or a freelancer, and those types of professionals are typically not true employees; therefore, they would not be entitled to workers’ compensation. 

Asking a Lawyer to Help

When you’re injured while performing your work duties, it can get frustrating until you realize you are entitled to workers’ compensation. As an at-home worker, you have to meet certain requirements before you can obtain that compensation. To learn more about it or to get your claim started, it could help to contact a workers’ compensation lawyer. 

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.