Remote working, also called telecommuting, has exploded in popularity in recent years. Many companies – large and small – are allowing their employees to work remotely from home, either full-time or part-time. Workers’ compensation laws in Tennessee cover employees who work remotely and suffer an injury on-the-job. If you have sustained an injury as a telecommuter, you are likely eligible for workers’ compensation benefits. However, as a remote employee, you must be able to prove the accident and injury were work-related.
Workers’ comp for remote workers
If the injury you sustained as a remote employee was work-related, the compensation for which you are eligible may cover partial wage replacement, medical expenses, and other damages. If your work injury or illness requires care exceeding basic first aid, or if you are not able to work during your period of recovery, you may file a workers’ compensation claim.
The standard of determining whether an injury is work-related in a remote work environment is if the injury occurred while performing a job duty. For example, if you tripped over something in your home office while going to pick up the phone for a work-related call and got hurt in the process, you likely have a right to claim benefits. On the other hand, if you performed an activity non-work-related during work hours, like cook a meal for the kids or squeeze in a quick workout, and suffer an injury, you would not be covered under workers’ compensation.
The burden of proof
The state of Tennessee uses a no-fault system when it comes to workers’ compensation. This means an employee does not have to prove employer negligence related to the injury or illness sustained. However, telecommuters must show that their injury occurred within the scope or course of employment.
Sometimes employers will issue certain policies for telecommuters. These policies help clarify certain aspects of the employer’s work responsibility, such as:
- Defined work space or area
- Hours of work
- Job responsibilities, tasks, duties
- Type of equipment or furniture to be used in the remote workplace
- Prohibitions of certain activities during work hours
- Required safety precautions to be taken during work hours
- Break times
Some employers may require their remote employees to undergo specific or additional training or follow a list of safety requirements.
In order to prove your injury as a remote employee was work-related, you may obtain a statement from your treating physician and/or statements and testimony from eyewitnesses to the accident.
Independent contractors do not qualify
Workers’ compensation benefits only apply to employees, and not independent contractors. Some companies hire contractors such as freelancers and others to perform work; however, these workers are not eligible for benefits provided through the company to injured employees.
Typically, independent contractors use their own supplies and equipment to perform work, either remotely or onsite. The company uses their services, but does not control most of the aspects about how they carry out their work and their use of time.
If you were working remotely as a company employee and sustained an injury on the job, you are eligible to obtain workers’ compensation benefits. The attorneys at Banks & Jones can help guide you through the process. To arrange a free consultation with an experienced Knoxville workers’ compensation attorney, give us a call today at 865.546.2141 or use our contact form to leave us a message.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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