At Home Workers’ Compensation Injury Lawyer

Injured While Working from Home? Our NYC Workers’ Compensation Attorneys Can Fight for You

Throughout the New York area, many people work from home, either full-time or as hybrid workers who only go into the office sometimes. What some remote workers might not realize is they are eligible for workers’ compensation coverage in New York in most cases. That’s because their injuries occurred during working hours, even though they’re working from home (telecommuting).

Our experienced New York City workers’ compensation lawyers at Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP know how the system works. That’s because our team of attorneys has decades of experience handling workers’ comp claims for people throughout New York State. For over 90 years, our law firm has been the legal team many injured New York workers count on when they need the help and support they deserve.

In particular, we’re familiar with the rules and regulations that often apply to work from home workers’ compensation injury claims.

Does workers’ comp cover remote workers injured at home?

So what happens if you get hurt while working from home? Will workers’ compensation pay for your injury-related expenses? The short answer is yes. Workers’ compensation covers you whenever you are at work, regardless of your physical location. The catch is that it may not cover you if you were engaged in a purely personal activity at the time of the injury. For example, being injured while receiving a work-related delivery should be covered, but being injured while getting your personal mail is not necessarily covered.

In general, your injuries should be compensable if you were actively engaged in a regular job activity or in a “momentary deviation” from your job activities (such as a coffee break). You should also be compensated if you were engaged in an activity that isn’t part of your regular responsibilities but was still part of your job, such as setting up your remote workspace. And you should still be compensated for occupational diseases and injuries that build up over time, like a repetitive motion injury.

Workers’ comp claims for remote and hybrid workers can be highly contentious. The sooner you get an experienced workers’ compensation lawyer, the better.

What is an at-home work injury?

In principle, it’s straightforward. If you were working from home and you sustained an injury, that’s a work injury. And such injuries qualify for workers’ compensation benefits in New York.

The problem is that when you’re working at home, the line between “work” and “personal” can be quite blurry. Whether you were actually working when the injury happened can be contentious, and of course, there are usually no other witnesses. That’s why it’s critical that you have an experienced attorney who knows how to prove your injury really was sustained on the job.

What are common at-home work injuries?

Injuries sustained by people working remotely from home can cover a wide range. Some of the most common workplace injuries sustained by remote workers include:

• Repetitive stress injuries (carpal tunnel, etc.)
• Slip and fall accident injuries
• Knee injuries
• Wrist injuries
• Rotator cuff injuries
• Neck injuries
• Back pain and back injuries
• Broken bones

What type of injury did you sustain while working from home? Is your employer giving you a hard time about your injury? Has your workers’ compensation claim been denied? Our attorneys can review your case and explain all the legal options available to you after your work from home injury.

What should I do if I get hurt at home while working remotely?

If you sustained a serious injury while working remotely from home, it’s important that take certain steps to protect your rights and make sure you get the care and support your deserve. We strongly advise you to do the following:

• Tell your employer you have been injured while working from home. Legally, you have 30 days to do so, but we recommend making this notification as soon as possible and doing so in writing. If you need to report the injury electronically through a system your employer controls (e.g., your work email or a messaging system like Slack), be sure to save a copy for your own records.
• Seek immediate medical attention to treat your injury.
• If your employer raises any objections to your claim, do not try to debate them.
• Do not discuss your work injury with friends or co-workers.
• Contact our law firm to discuss your at-home work injury as soon as possible. While you legally have up to two years to file a workers' compensation claim, the sooner you get legal representation, the better.

We can help you fill out your New York workers’ compensation C-3 form for workers’ compensation benefits. We can also explain all the legal options available to you. That’s our job and we’re honored to help injured workers throughout New York.

If you get hurt working at home, will you get paid?

Ideally, yes, you should be financially compensated for your injury-related expenses if get hurt at home while working from home. But just because you should get paid does not mean you will be paid.

This is where having an experienced workers’ compensation lawyer can often make a big difference. If your workers’ compensation claim is denied, an experienced lawyer can help you demand the money you deserve when you need it most.

Know your rights. Contact our NYC workers’ compensation attorneys today.

Wherever you are in the workers’ compensation process – whether you were just hurt or your workers’ compensation claim has been denied – our experienced, New York workers’ compensation attorneys can help you every step of the way. Call the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online anytime. We’re the legal team you want in your corner when it matters most.