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Back December 23, 2020

Can You Seek Workers’ Compensation Benefits When Working Remotely?

Eligibility for worker’s compensation benefits depends upon an employer/employee relationship. However, just because a worker telecommutes does not necessarily disqualify a worker from eligibility for workers’ compensation benefits if he or she suffers an injury or illness while on the job. 


In the past, workers had to drive into work – and back home – at least five days per week, for approximately eight hours each day. However, the recent COVID-19 pandemic has significantly impacted how workers across the country and throughout the state work. Even without the current health crisis, the number of employees who work remotely has increased steadily over the past number of years. While some workers might go into their offices once or twice every week, others may work from home almost entirely. Unfortunately, however, remote workers can still suffer injuries while they are on the job – and while they are within the scope of their employment and job duties. 

If you suffer an injury or work-related illness because of your job – and you work remotely – you may still be able to pursue and recover workers’ compensation benefits, depending you’re your circumstances. If you have been injured while on the job, the Matthews workers’ compensation lawyers at the Panchenko Law Firm could help you pursue the benefits that you need. Please reach out to us today to find out more about how we could assist you with filing a claim for workers’ compensation benefits.


Eligibility for Benefits Based upon the Employer-Employee Relationship

In order to be eligible to pursue and recover workers’ compensation benefits for an on-the-job injury or illness, there must ordinarily be an employer-employee relationship in existence at the time of your injury/illness. When it comes to telecommuters, however, questions sometimes arise as to whether the worker is an employee or an independent contractor. 

In order to determine whether a worker who telecommutes is an employee, as opposed to an independent contractor, the North Carolina Industrial Commission will review various factors, including the relationship between the worker and the individual or company who hires the worker. Workers who have set schedules and set pay rates are more likely to be deemed employees than individuals who set their own work hours and complete work on their own schedules, more or less independently. 

In addition, for a remote worker to be eligible for workers’ compensation benefits, he or she must have been injured in the course – and in the scope – of his or her work duties. In some instances, these injuries happen immediately, while others, such as carpal tunnel, often develop over a period of time. 


Call an Experienced Matthews Workers’ Compensation Lawyer Today

If you believe that you have suffered an injury while working at your job – and within the scope of your employment duties – the skilled legal team at the Panchenko Law Firm may be able to assist. For a free legal consultation and case evaluation with an experienced Matthews workers’ compensation attorney, please call us today at (704) 900-7675 or contact us online to learn more. 


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