Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if my employer doesn’t have workers’ comp insurance or doesn’t file the claim?”
The COVID-19 pandemic has forced millions of workers across the United States to switch to remote working. Your home may seem like the safest environment, but that is not entirely true. You could still get injured while working from home.
You do not necessarily need to commute to or from work or spend a day in the office to be exposed to injury risks. Even when working at home, you can be hurt while walking around the house, carrying documents, or simply developing a repetitive stress injury due to a lack of proper equipment for working from home.
Many employees who sustain injuries while working from home do not even bother to ask their employer for compensation because they think that remote working injuries are not covered by the workers’ compensation system.
However, that is not necessarily the case. Your work-from-home injuries may be compensable by North Carolina’s workers’ compensation law even if your employer says otherwise. You need to know your legal rights and options. Contact a skilled workers’ compensation lawyer in North Carolina to review your particular situation and help you seek compensation for your work-from-home injury.
Can You Seek Workers’ Compensation for Your Work-from-Home Injury?
Chapter 97 of the North Carolina General Statutes – also known as the Workers’ Compensation Act – provides that employees are entitled to workers’ compensation benefits when they get hurt during their employment. Workers’ comp benefits cover the injured worker’s medical expenses and two-thirds of the lost wages.
In North Carolina, you are eligible for workers’ compensation if your employer has at least three employees, and you are classified as an employee, not an independent contractor. But just because you work from home does not prevent you from seeking workers’ compensation benefits.
Generally, work-from-home employees, or telecommuters, are covered under their employer’s workers’ compensation insurance. However, there may be exceptions to the general rule.
Why You Need a Workers’ Compensation Lawyer in North Carolina
The North Carolina Workers’ Compensation Act provides that employees are eligible for benefits when their injury occurs in the course and scope of employment. This requirement may give your employer grounds to dispute your workers’ comp claim by arguing that your injury did not arise out of and in the course of employment.
For this reason, it is a good idea to retain an experienced workers’ compensation lawyer to help you prove that you are eligible for compensation benefits after sustaining a work-from-home injury.
While the process of seeking workers’ compensation benefits for a workplace injury is straightforward, telecommuters and remote workers may face additional legal challenges to prove their claim and obtain compensation.
For example, it can be difficult to prove that your injury was related to the job because there are no witnesses and less evidence. When a worker is injured on the employer’s premises, they may be able to demonstrate surveillance camera footage or talk to witnesses to prove that their injury is work-related. When a telecommuter gets hurt at home, on the other hand, it can be challenging to prove that they are entitled to workers’ compensation.
If you were hurt while working from home, do not hesitate to contact a Charlotte workers’ compensation lawyer to help you prove that your injury is related to work and obtain compensation benefits on your behalf. Contact our attorneys at Arnold & Smith, PLLC, to schedule a case review. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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