The pandemic brought about a global shift in the way we see work. After countless in-office positions were made remote, many employers saw the benefits and decided to keep work-from-home or hybrid work arrangements in place after the pandemic.

Although such arrangements have proven beneficial for workers and employers, work injury cases are more complicated when the worker is injured while working from home. However, work-related injuries that occur during work hours still qualify for workers’ compensation benefits.

If you have recently been injured while working from home, you may have questions regarding worker’s compensation claims for remote employees. Dedicated New York work injury lawyer Paul Giannetti has experience in various workers’ comp claims, including remote work injuries. You can learn more about what to expect and how to file a claim by contacting Paul Giannetti, Attorney at Law at 866-868-2960 for a free consultation.

Workers’ Compensation Eligibility in New York

Virtually all employees in New York are guaranteed workers’ compensation insurance, which covers injuries that occur while performing job-related duties. For remote employees, proving that an injury was work-related can be more challenging. However, you are eligible for New York workers’ comp benefits if you have sufficient evidence to support your claim.

What Qualifies as a Work-Related Injury?

To qualify for workers’ compensation as a remote employee, the injury must generally meet the following criteria:

Work duties: The injury should have occurred while performing a job-related task, such as carpal tunnel syndrome that develops from extended computer use.
During work hours: The timing of the injury matters. Injuries that occur during designated work hours are more likely to be covered. However, injuries during personal breaks may be excluded, unless they are directly tied to job duties.
Employer knowledge: It helps if the task that led to the injury was known or expected by the employer. For example, if your employer knows you routinely handle work-related documents at home, injuries related to that task are more likely to qualify.

Establishing the Work-Related Nature of an Injury

Documenting the circumstances surrounding the injury is a must for all work-related injuries, including those that occur at home. Unlike in a traditional office, injuries at home often happen in isolation, with no witnesses. This makes it especially important to keep detailed records, including:

Medical records that detail the injury’s nature and severity.
Descriptions of the incident, including what you were doing and why it was work-related.
Communication with your employer that shows any instructions or expectations related to the activity that caused the injury.

Proper documentation helps draw a clear line between the injury and your job duties, which is necessary to receive workers’ compensation benefits.

Common Injuries in Remote Work Settings

While many work-from-home injuries are also common in office settings, others may be more likely to occur due to the less structured and often less ergonomic environment of a home office.

Repetitive Strain Injuries (RSIs)

Repetitive strain injuries (RSIs) are among the most common injuries for both remote workers and office workers. These injuries develop gradually due to repetitive movements and poor posture. According to the Cleveland Clinic, people who regularly sit at desks or use computers at work are especially vulnerable to RSIs.

Carpal tunnel syndrome is one of the most common RSIs. It is often caused by extensive computer use without ergonomic support and can lead to pain and numbness in the hands or wrists. Tendonitis is another common injury in remote environments, which results from repetitive mouse use or improper desk setup and is characterized by inflammation in the tendons.

Slips, Trips, and Falls

Like regular offices, home officers may have safety hazards that could cause slips, trips, and falls. These may include loose cables, clutter like books and office supplies, and poor lighting that could put you at risk of tripping or bumping into objects. Implementing simple safety measures can reduce the risk of falls, such as securing cables and keeping walkways clear of clutter.

Ergonomic Issues

Improperly set up workspaces can lead to back pain, neck strain, and other musculoskeletal problems. Uncomfortable seating, poor desk height, and screens positioned at the wrong angle are frequent causes of ergonomic work-related injuries. Use ergonomic guidelines when setting up a home office to reduce the risk of suffering these injuries.

Mental Health

Mental health concerns have become increasingly relevant with remote work. Stress, isolation, and difficulty separating work from personal life can lead to burnout. In New York, mental health claims tied directly to work-related stress may qualify for workers’ compensation.

Employer Responsibilities in Remote Work Environments

New York employers are responsible for maintaining safe working environments for employees, even if that workplace is an employee’s home. They are obligated to ensure that employees are informed and prepared to create safe workspaces at home.

Developing Clear Guidelines

Employers should set clear guidelines to help remote employees maintain a safe home office. This may include recommendations for ergonomic setups and instructions to minimize risks like clutter or poor lighting. Employers can create comprehensive safety policies specific to remote work to help define expectations and responsibilities.

Providing the Right Tools and Equipment

Employers are also encouraged to offer resources to support remote work safety. This could include:

Ergonomic Assessments: Virtual assessments can help employees optimize their home office setups.
Providing Equipment: Some employers may choose to provide ergonomic chairs, keyboards, desks, and monitors or offer stipends to purchase these items.
Safety Training: Online training modules can help educate remote workers about the risks of working from home and how to mitigate them.

Employee Rights and Responsibilities

Remote workers have the same rights to workers’ compensation as their in-office counterparts. Employees have the right to file a worker’s compensation claim if they are injured while performing job-related duties.

However, they also have a responsibility to maintain a safe working environment at home. They should follow employer guidelines and set up a workspace without hazards. This includes using ergonomic furniture and keeping the work area free of clutter. If an injury occurs, the employee is responsible for documenting it.

Filing a Workers’ Compensation Claim for Remote Work Injuries

If you are injured while working from home, follow these steps to ensure that your claim is handled correctly:

Report the Injury: Notify your employer as soon as the injury occurs.
Seek Medical Attention: Get medical treatment immediately and keep records of the diagnosis and treatment.
Document the Incident: Keep a detailed record of the injury, including the date, time, activity, and any contributing factors. Photos of the workspace and email exchanges with your employer can also be used as evidence.
File the Claim: Submit the workers’ comp claim with the New York State Workers’ Compensation Board.
Consult a Lawyer if Necessary: If the claim is denied or disputed, consider consulting a New York workers’ compensation attorney.

Discuss Your Remote Work Injury With an Albany Workers’ Comp Lawyer

Are you struggling to secure your workers’ compensation benefits after a remote work injury? Albany work injury lawyer Paul Giannetti helps his clients fight for the coverage they rightfully deserve for work-related injuries. Call Paul Giannetti, Attorney at Law today at 866-868-2960 to discuss your remote work injury claim in a free consultation.