Workplace injuries can happen at so many different types of job sites. While many of us think about work injuries occurring in workplaces that have inherent dangers or risks, such as construction sites or excavation sites, work injuries can actually happen just about anywhere.
While workplace injuries certainly can and do happen at construction sites and other job sites that require the use of heavy machinery or that require workers to perform tasks on scaffolding, workplace injuries can also occur in office settings, restaurants, and many other businesses. During the COVID-19 emergency in Ohio and throughout the country, many workers who have not been furloughed or terminated are working from home.
While some people have jobs that always entail telecommuting, or working from home, for other employees this is a relatively new experience. Although you might not realize it until it happens to you, someone who works from home can also suffer an injury on the job. If you work from home and sustain an injury, can you file a workers’ compensation claim? You certainly may be eligible for workers’ compensation benefits in Ohio, and I can help with your case.
Are You an Employee or an Independent Contractor?
The Ohio Bureau of Workers’ Compensation (BWC) handles workers’ compensation claims in Cleveland and throughout Ohio. When you suffer a work-related injury and you work from home, one of the first questions that you will need to answer in order to determine your eligibility for workers’ compensation benefits is whether you are an independent contractor or an employee.
An independent contractor is not eligible for workers’ compensation benefits, but an employee may be eligible. The distinction between these types of workers can be complicated, and the classification is not always clear. In general, an employer has more control over an employee, setting the employee’s hours and providing the employee with work equipment like a computer. Conversely, an employer does not have as much control over an independent contractor, and does not do things like set the worker’s hours or provide the worker with equipment.
Proving That Your Injury Occurred in the Course of Employment
If you are an employee (and not an independent contractor), you will need to prove that your injury happened in the course of your employment, or while you were working. If your employer sets your hours, you may be able to prove that a traumatic injury occurred while you were working if you immediately report the injury and seek an assessment from a healthcare provider.
With other types of work-from-home injuries, such as repetitive motion injuries, you may be able to prove that the injury arose out of your employment due to a work-related task that is known to cause the injury.
Common work-from-home injuries include but are not limited to:
- Slips and falls;
- Repetitive motion injuries, such as carpal tunnel syndrome;
- Back injuries; and
- Neck injuries.
Contact Me to Learn More About Filing a Claim
Did you get hurt while working from home? I can help with your case and can work to get you the compensation you deserve. I’ll Make Them Pay!® Call my firm today at 877.944.4373 for more information.
