Massachusetts Workers’ Compensation for Remote Employees Attorneys
Ensuring All Workers Are Covered When Injured on the Job
Even before the COVID-19 pandemic began, the prevalence of remote work opportunities in the United States was rapidly increasing. A website that posts remote work listings called Flex Jobs published data in early 2020 showing that remote work had increased 159% over the last 12 years and that remote workers made up 3.4% of the U.S. population—that’s 4.7 million people.
Yet, just like any job, working from home can pose certain risks. If you are a remote employee or someone who is temporarily working from home due to the coronavirus pandemic, you may still be able to receive workers’ compensation benefits if you become ill or injured due to your job duties. At Percy Law Group, PC, we have been helping people who work in all fields of employment receive workers’ compensation benefits when they need them the most for decades. Our Massachusetts workers’ compensation attorneys for remote employees can help you secure the compensation you deserve without risking your claim being denied or delayed.
Contact us online or at (508) 206-9900 to schedule your free consultation with an attorney today.
Who Can Receive Workers’ Compensation in Massachusetts?
In Massachusetts, there are very few exceptions to who can receive workers’ compensation benefits, meaning you are almost definitely eligible if you are employed, even if you work from home.
According to the Massachusetts Workers Compensation Act, if an injury arises out of and in the course of your employment then it is compensable. No matter where your employment is located—whether it’s your home, a coffee shop, or a co-working space—if you are injured while performing the duties of your job or in the course of performing these duties then you may be entitled to workers compensation benefits.
Federal law states that injuries and or illnesses that occur while an employee is working from home will be considered work-related if:
- The injury or illness occurs while the employee is working for pay at home
- The injury or illness is directly related to the performance of the employee’s assigned work (not to the general home environment or setting where the employee is working)
Types of Injuries That Are Covered
Though there isn’t actually a strict limit to what kinds of injuries are covered under workers’ compensation insurance, there are certain injuries that are more likely to occur at home.
These include:
- Repetitive stress injuries (RSI): These ailments are caused by performing a monotonous task or motion repeatedly, such as typing. They can also be caused by awkward or uncomfortable positioning, such as sitting hunched over a computer all day. RSIs include carpal tunnel syndrome, tendonitis, and computer neck.
- Slip and falls: Even at home trip hazards can be present, especially if you live with children or in a crowded apartment complex.
- Car accidents: Though this one may sound unlikely, there are instances in which a remote worker may have to occasionally commute to the office for a meeting or drive themselves to a work-related conference. If you get into a car accident while en route to work or performing a work-related errand, you may be able to receive workers’ compensation benefits.
- Other injuries and illness: If you hurt yourself, get sick, or are diagnosed with stress or overwork due to your job duties, you may be able to file for workers’ compensation benefits—as long as you can prove the connection between your aliment and your job.
What Evidence Is Required To Prove That An Injury Occurred During Work Hours While Working Remotely In Massachusetts?
To prove that an injury occurred during work hours while working remotely in Massachusetts, it's essential to gather specific evidence. Here’s what you need:
- Detailed Records: Keep track of the date, time, and kind of the injury, as well as your work schedule and breaks. This proves that you were carrying out tasks associated with your job at the time.
- Communication Logs: Gather any emails, chat messages, or phone calls connected to work that occurred at the time of the injury. These exhibit participation in work-related tasks.
- Medical Reports: Obtain medical documentation that establishes a connection between your work and the injury. Make sure your doctor is aware of this link.
- Witness Statements: Obtain witness statements from coworkers who were participating in virtual meetings or phone calls during that period. Their accounts will back up what you're saying.
- Visual Evidence: Take photos or videos of the accident scene and any involved equipment. Visual evidence is crucial.
As experienced workers’ comp attorneys for remote employees in Massachusetts, we guide you through collecting and presenting the necessary evidence. Contact our attorneys at Percy Law Group, PC at (508) 206-9900.
When to Contact a Lawyer
It honestly never hurts to contact a lawyer from the get-go. At the very least, an attorney can give you advice on how to notify your employer of your work injury. They can also help you fill out the necessary paperwork to file your workers’ compensation claim. Teaming up with a lawyer to do this will help prevent your claim from being denied or delayed due to errors or inconsistencies.
A lawyer can also step in if your claim has been denied and you have to file an appeal. We will walk you through the appeals process and represent you in a hearing if needed.
Maximizing Your Workers' Compensation Benefits
When you've been injured on the job, it's important to understand your rights and options for receiving workers' compensation benefits. Our team of experienced attorneys at Percy Law Group, PC can help you navigate the complex process of filing a claim and ensure that you receive the maximum benefits you are entitled to.
Some ways we can help you maximize your workers' compensation benefits include:
- Examining your case in detail to ascertain all benefits for which you might qualify
- Negotiating on your behalf with insurance providers to guarantee you get paid fairly
- Bringing an appeal against any rejected claims or insufficient benefits to obtain the benefits you are entitled to
- Providing guidance on returning to work after an injury and ensuring you receive any necessary accommodations
Don't navigate the workers' compensation process alone. Contact Percy Law Group, PC to schedule a consultation with one of our experienced attorneys.
Looking to get started on your workers’ compensation claim? Contact us today!
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