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Remote employment is a common practice, especially in recent times. But it causes many challenges, including questions about getting worker’s compensation while working from home. The Pennsylvania Workers’ Compensation Act provides important protections to those injured on the job—even remote employees. To be eligible for benefits for an injury, you would have to show that you are an employee (rather than an independent contractor). Additionally, you would need to prove the accident occurred while you were doing your job.

At Krasno, Krasno & Onwudinjo, we have extensive experience fighting for workers in almost all industries. We understand the unique challenges people face when bringing claims for work injuries that occur outside the office. Our Pennsylvania workers’ compensation lawyers know that just because you’re not in the office, it doesn’t mean your boss can deny you benefits if you are hurt. Our team provides unparalleled attention and care to clients injured on the job.  

Can a Remote Employee Get Workers’ Compensation in PA?

Pennsylvania law requires most employers to carry insurance that provides benefits to employees hurt on the job or because of their employment. The law covers employees regardless of location. In other words, a remote worker may be eligible for benefits even if they were not in the office at the time of the accident. 

Likewise, you don’t have to prove that your injury is primarily from in-office work. For example, a hybrid worker who operates out of his house for some days and at the office for some is still covered. They wouldn’t have to show that their condition came from their duties while at the physical workplace. 

What Remote Employees Are Covered Under Workers’ Compensation?

The Pennsylvania Workers’ Compensation Act applies to many employees who have an employment relationship with their company. Independent contractors do not qualify for benefits unless they are misclassified as freelance workers. In other words, the company can call someone a freelance worker or contractor, but the person might still be an employee. If that’s the case, they may be eligible for benefits.

Others who may not qualify for workers’ compensation include some agricultural workers, uncompensated corporate officers of nonprofits, and executive officers of for-profit organizations. That said, there are situations in which workers in these categories would qualify for coverage. For example, if the agricultural worker earns a certain amount of money through their job, they may be eligible for coverage. Likewise, executive officers can choose to qualify for benefits under a work injury insurance policy. 

How Do You Prove a Remote Work Injury Is Employment-Related?

Pennsylvania law requires employers to have insurance to cover work injuries that happen at or because of someone’s job. To be eligible for benefits, the person needs to prove they were hurt while doing job-related tasks. Where the person is when the injury happens is not an essential factor. Instead, what matters is that they were on the clock while they got hurt. 

For example, if you tripped over your dog while answering a work phone call, this might qualify as an employment-related injury. Your employer’s insurance may cover your related medical expenses and, if applicable, lost wages. Likewise, if you have a work-from-home job where you type a lot, you may receive benefits if you get a repetitive stress injury (like carpal tunnel syndrome). 

In contrast, slipping and falling while taking a shower between work meetings may not qualify as a work-related injury. The difference is that you were not doing your job when the accident occurred. 

Claiming Workers’ Compensation While Working From Home

If you suffer a work injury while at your home office, you should first seek medical attention. This step ensures you get the treatment you need and have proof of your injury. Next, you should report the injury to your employer and continue to follow your doctor’s recommendations. Talking to an experienced worker’s compensation lawyer is also a good idea to ensure you get the benefits you deserve. 

Go to the Doctor

After a home office job injury, you should see a physician to check your wounds. This step is vital for two reasons. First, it safeguards your physical health so underlying injuries don’t worsen over time. Secondly, it creates a record of the incident that you can point to as proof of what happened. When you see the doctor, tell them you were hurt while doing your job. Also, explain what happened before, during, and after the accident. 

Report the Injury to Your Employer

Next, you should tell your employer about your injury. While not a specific requirement, it’s a good idea to send in this notice in written form. The reason why this is beneficial is you can use it as proof that you met your notice requirements. The Pennsylvania workers’ compensation law requires you to report your injury within 120 days of when it happens. Ideally, you can send this notice within 21 days, but 120 days is the maximum in most situations. 

There are limited exceptions to this, such as if you get a progressive injury (e.g., one that isn’t caused by a single event). For example, a condition like carpal tunnel syndrome may not appear for months or years. For this type of situation, you may have up to 120 days from the date you discover the work-related condition. 

Follow the Doctor’s Recommendations

After you report the injury, you should continue to follow your doctor’s recommendations. Doing so helps to protect your health and to limit the opportunities for the insurance company to deny your claim. If you don’t do what the doctor says you should, the insurer may point to this as the reason they shouldn’t have to pay compensation. You can help protect yourself against these tactics by following your doctor’s instructions. 

Talk to a Workers’ Compensation Lawyer

Talking to a workers’ compensation lawyer soon after you are hurt on the job is a good idea. They can begin to investigate your claim and help you take steps to get the benefits you need. They can also review the settlement proposal sent by the insurance company to see if it’s a fair offer. If the insurer denies the claim, the lawyer knows how to challenge this decision. 

Do Employers Have to Make Sure Someone’s Home Office Is Safe?

By law, employers must provide a safe work environment for all workers, even telecommuters who are not on company property. That said, employers do not need to inspect an employee’s office to make sure it’s safe. An exception might be if the worker has special or dangerous equipment (like carpentry tools) they use for their job. Even though employers cannot control what happens in an employee’s work environment, workers’ compensation benefits may still be available in the event of an accident. An employer’s lack of control over an employee’s home-based office is irrelevant.

Can Independent Contractors File for Workers’ Compensation?

Independent contractors may not be eligible for workers’ compensation coverage. But it depends on if the employer correctly (or incorrectly) classifies them as an independent contractor. An independent contractor is someone who has their own business or who only does incidental work for a company. 

For example, someone might be an independent contractor if they provide occasional consulting services for a company. In contrast, if the consultant works standard hours for the company and does not have their own consulting business, they might be an employee. This might be true even if they enter into a contract that says the consultant is a freelance worker. 

Another way to tell if someone is a freelance worker or employee is the company’s degree of control over the person. For example, if the company restricts when or how the person conducts their work, the person may be an employee. But they might be an independent contractor if the business doesn’t track the person’s hours or require them to use company-issued equipment or software. But it depends on the unique situation. Someone can be an employee even if the company has little oversight over their work. 

What’s the Difference Between Working from Home and Being an Independent Contractor?

Working from home refers to where someone performs their job. For instance, they might go into the office some days and work remotely on others. Or they might do all of their work-related tasks offsite. 

In contrast, being an independent contractor or employee describes the person’s relationship with the company. For example, an employee may have to log a certain amount of hours per week or complete milestones. Likewise, they may have to send a notice to request days off work or use company-issued equipment. 

An independent contractor does not have an employment relationship with the business. For example, they may run their own freelance carpentry company and occasionally work for a client (which might be a business). In many cases, an independent contractor can choose their own hours and when and how they do tasks. 

Special Considerations When Filing Claims for Remote Work Injuries

Some special issues can arise when injuries occur to remote workers who are not in the office. For example, since the person isn’t at the physical office, they don’t have coworkers who can witness what happened. Likewise, it can be more challenging to prove they were completing work tasks or on the job when they were hurt. 

When remote workers file compensation claims, the details of the injury and how it happened can be incredibly important. For example, let’s say a remote design worker was hurt after tripping over her dog as she walked to her garage, which is where she keeps her design equipment. At first, the insurance company denies her claim. She appeals and explains that she works at the employer’s office only once a week and spends the rest of the time at home or on the road. As a result, she keeps her materials in her garage. 

When she tripped over her dog, she was acting in the course of employment (e.g., walking to the garage to get her design materials). As such, her work injury may qualify her for benefits.  This example highlights the importance of being detailed when describing how you got your work injury. 

How to Reduce the Risk of Injuries to Remote Employees

There are steps that employers can take to help remote workers safely perform their jobs. For example, they can create a work-from-home policy, only allow certain employees to work remotely, and establish home office guidelines. Having these procedures in place can also reduce the chance of employers wrongfully denying employees’ claims for home office injuries. 

Create a Work From Home Policy

A telecommuting policy outlines both parties’ obligations and lets each know what is required and what to expect. Having this in place can help to limit misunderstandings about when work begins and when it ends. Likewise, it can clearly describe what job duties the worker can and cannot do remotely. 

Allow Telecommuting Only for Select Positions

Not every job is suitable for remote work. Before allowing an employee to work from home, the employer should figure out if it makes sense for the person to do so. For example, the employer can determine what equipment they need to do their job and how to ensure the employee has these materials. 

Likewise, the employer should think about whether remote work poses more risks to the employer than it would if they were to be in the office. This may come up if the worker needs dangerous equipment or machinery to do their work. In an on-site context, the employer can ensure the employee has the support and environment they need to do their job safely. At home, the employee may be more vulnerable to accidents. 

Establish Home Office Guidelines

The employer should create clear guidelines about what work from home looks like. This might describe the hours they are to work or what their home office should have. For clerical positions, for example, the employee should have a desk set up with a computer and printer. The setup should be ergonomically correct to prevent carpal tunnel syndrome and other repetitive stress injuries. The employee should have a chance to review and either accept or reject these guidelines. 

Krasno, Krasno & Onwudinjo: Fierce Philadelphia Workers’ Compensation Lawyers

Pennsylvania workers’ compensation law may cover your home office injury as long as you are an employee and were acting within the scope of your job at the time. However, getting approved for benefits can be challenging for remote workers. Since you are not in an office environment with supervision, your employer may question whether you were on the clock when the accident occurred. A workers’ compensation lawyer can help you successfully navigate the obstacles that may arise during the claims process.

The team of Philadelphia workers’ compensation lawyers at Krasno Krasno & Onwudinjo can help you file and defend your remote work injury claim. Our law firm has been serving Philadelphia since 1936. Jason Krasno is a third-generation workers’ compensation lawyer and has nearly 25 years of experience in this field.

If you work from home and suffer a job-related injury, contact us today by calling (844) 919-4016 to schedule a free consultation.