Can I File a Workplace Accident Claim if I Work From Home?

Generally, no – at least not against your employer. When you are injured on the job because of another party's negligence, you are entitled to file a workplace accident claim. This can happen in workplaces where heavy machinery is present or workplaces that require employees to put forth a substantial physical effort to perform their jobs. It is rare for this to be the case for a telecommuter.

You have probably heard that telecommuters are entitled to seek workers' compensation after being injured on the job while working at home. This is correct, but workers' compensation is not the same as a workplace accident claim. With a workplace accident claim, you have to prove that another party's negligence directly caused you to be injured and that as a result of that injury, you are suffering specific damages. In a home office, you generally will not find yourself in a situation where your injury was caused by your employer's negligence.

One scenario that could put you into a position to file a workplace accident claim while working at home is an injury that was caused by your use of company equipment. For example, you might be issued a laptop by your employer. If the laptop overheats and causes you to suffer a burn while you used it to work, you can potentially claim that your employer was negligent by issuing you a faulty computer.

If you travel by car or public transportation frequently for work, you can potentially be injured in an accident. If this happens to you, you can file a personal injury claim to seek monetary compensation for your damages related to the injury, such as medical expenses, lost wages, and miscellaneous expenses such as a mobility aid or the need to hire somebody to help with your housework while you recover. This final category is known as pain and suffering and cannot be compensated by workers' compensation. If you are injured in a car or public transportation accident while working and choose to file a workers' compensation claim, you have the right to file a third party claim in addition to your workers' compensation claim.

Today, more Americans telecommute to work than ever before. If you are a telecommuter and you are injured while working, whether you are entitled to monetary compensation for your damages or not might not be immediately clear. Speak with a member of our team of experienced San Jose workplace accident lawyers at Corsiglia, McMahon & Allard, L.L.P. to determine whether you have grounds for a claim and if so, how you can proceed with it. Contact our firm today to set up your initial legal consultation with us. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.