Am I eligible for workers’ compensation if I get hurt working at home?
Experienced New York workers’ comp attorneys explain how system works
In recent weeks, more people have been working remotely than ever due to the Coronavirus (COVID-19) pandemic. This is especially true in New York, which has the most Coronavirus cases and deaths in the United States. As of April 21, a total of 251,720 cases and 14,828 deaths have been reported in New York, according to The New York Times.
Overall, more than one in four Americans have jobs which enable them to work remotely, according to The Guardian newspaper. In particular, the newspaper cited a study conducted by the Bureau of Labor Statistics (BLS), a division of the U.S. Department of Labor, which estimated that 42 million workers (29 percent) of the U.S. workforce could work remotely if necessary, according to a 2017-2018 BLS study.
While many people are working remotely, many might not realize exactly how state and federal labor laws apply to them, especially if they get hurt at home while working remotely. Some of the questions many injured remote workers in New York are asking involve workers’ compensation benefits. These questions include:
- Are work injuries sustained at home in New York covered by workers’ compensation?
- How much time do I have to report my at-home work injury in New York?
- What should I do if my New York at-home workers’ compensation claim is denied?
Below, you’ll find the answers to these questions and additional advice from some of the most experienced New York workers’ compensation attorneys. You can also find out more if you have a specific question about your at-home workplace injury by scheduling an appointment with one of New York workers’ comp lawyers at the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP.
Are work injuries sustained at home in New York covered by workers’ compensation?
Yes. If you are performing your normal work duties at home, you work-related injury can and should be covered by workers’ compensation benefits in New York. For example, this means if you slip and fall and hurt yourself while walking from your desk to the bathroom during working hours, your injury should be covered by workers’ comp.
How much time do I have to report my at-home work injury in New York?
This is a question people often ask about work-related injuries no matter where they happen in New York. Many people want to know how long they have to report their workplace injury in order to receive workers’ compensation benefits.
The short answer is most workers have up to 30 days to report their injury and up to two years to file a claim for workers’ compensation. This deadline – known as the statute of limitations – for filing a workers’ compensation claim in New York can vary depending on many different factors, including when your work-related injury was diagnosed. That’s why it’s important to talk to a lawyer if you have any questions or concerns about your possible claim.
What should I do if my New York at-home workers’ compensation claim is denied?
If you got hurt and work and your New York workers’ compensation claim has been denied, we strongly advise you to take the following steps:
- Do not discuss your injury or your claim with your employer.
- Don’t discuss your injury or your claim with your employer’s attorney.
- Do not discuss your workplace injury with friends or co-workers.
- Contact our law firm as soon as possible to discuss your at-home work injury.
Denied workers’ compensation claims are common. Many legitimate, initial claims are denied for a wide range of reasons. Sometimes, it’s because someone filled out their New York workers’ compensation C-3 form wrong. Other times, it’s because your employer’s insurance company is simply searching for any reason to deny your claim. That way they can avoid having to pay you the benefits you rightfully deserve. Whatever the circumstances, an experienced attorney can advise you on the best course of action. This may include appealing your denied workers’ compensation claim in New York.
Understand your rights. Talk to a NYC workers’ compensation lawyer today
New York workers’ compensation claims can be confusing even under normal circumstances. If you got hurt on the job while working from home, make sure you understand your rights. Contact an experienced, New York workers’ compensation attorney at the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. Call toll-free at (800) 692-3717 or contact us online anytime. Our New York law firm offers virtual consultations and remains fully operational.