Are Remote Workers Eligible for Workers’ Compensation in Glendale?
Remote workers are eligible for workers’ compensation benefits in Glendale, California. However, your employer and their insurance company may push back against your claim. That’s because you must prove that your injury happened during the reasonable scope of your employment. If you are a remote worker in California, then it is important that you understand what benefits you are eligible for and how to recover them. You could benefit from discussing your legal options with KJT Law Group. You have legal options as an injured employee, even if you work remotely.
Who Can File a Workers’ Compensation Claim in California?
Under California Labor Code § 3700, all employers who have one or more employees are required to provide their employees with workers’ compensation benefits. This means that if you are a part-time or full-time worker for a company, then you must be provided workers’ compensation benefits––regardless of whether you work from home or in an office.
Do Independent Contractors Qualify for Workers’ Compensation Coverage?
Independent contractors are not covered by workers’ compensation programs, though some employers may elect to offer coverage to those who complete projects for them. Because independent contractors often work remotely, it is important you understand how you are classified by your employer if you work from home.
This is yet another reason why you may consider consulting with our legal team. If you’re unsure about your options, our firm can explain them.
What Benefits Are Remote Workers Entitled To?
If you file a reclamo de compensación para trabajadores as a remote worker, you are entitled to the same benefits as any other California employee. This means, depending on the extent of your injury, your employer must provide you with:
- Atención Médica
- Reimbursement for up to two-thirds of your lost income
- Death benefits (if you lost a loved one)
- Disability payments (if applicable)
These benefits intend to offer financial support if you were injured or lost a loved one while working. How long you can receive benefits depends on your situation. In California, you can receive benefits for a maximum of 104 weeks.
What to Know After Suffering a Job-Related Injury
After you suffer a work-related injury, you must report it to your employer or supervisor within 30 days. If you fail to report your injury within this time, then you could lose the right to seek benefits. If you need emergency medical treatment, do not hesitate to receive it. Your employer should cover any emergency medical care you required. However, if you didn’t need immediate healthcare, you must see a doctor in your employer’s network. Otherwise, those expenses might not be compensable.
When Will You Receive Benefits?
Según el El Departamento de Relaciones Industriales de California (DIR), when you start receiving benefits depends on the nature of your condition. For instance, if you want to seek temporary disability (TD) benefits, they start if you can’t work for more than three days or stay in the hospital overnight. These payments are made once every two weeks, and they stop once you return to work or reach maximum medical improvement (MMI).
You Must Prove That Your Injury Was Work-Related in Glendale
As a remote worker, it can be difficult to prove that your injury was work-related. If your injury took place in an office, there would be witnesses who saw what happened or even camera footage that could prove how your injury developed over time.
But while working remotely, there are likely no such witnesses, and that may result in your employer challenging your claim. So, you need evidence to have a successful claim, which could include:
- Photos of your injury
- Testimony from emergency first-responders
- Keeping all prescribed medications
- Asking a lawyer to gather your case’s evidence
As a remote worker, the best thing you can do is document the type of work you perform every day. If you spend long hours working at a computer, then you may develop muscle or joint problems that need treatment. These treatments would be recoverable as part of your workers’ compensation benefits.
What if My Employer Challenges My Claim?
If your employer challenges your claim, then you should consider the benefit of partnering with a abogado de compensación de trabajadores. They can prove the circumstances that led to your injury and speak with professionals who can explain how your situation came to be.
You have options, even if your employer challenges your case. When you work with a lawyer, you don’t have to worry about those obstacles. We can handle everything.
Your Injury Must Have Happened in the Reasonable Scope of Your Employment
If you spend long hours working on the computer, then you may start to develop headaches, migraines, or eye problems. While these ailments are certainly recoverable under workers’ compensation, you must prove that these conditions happened while you completed work-related duties in accordance with your employer’s expectations.
For example, under California law, if you work for 10 hours a day, you’re entitled to mandatory breaks. If you don’t take those breaks, and you suffered an injury, you could have a hard time securing benefits since you didn’t act within the scope of your employment.
Your lawyer has many obligations throughout your partnership––and one of them involves establishing your case. They can mitigate any challenges that prevent you from recovering damages and dispute any pushback from your lawyer or their insurer.
Contact a Glendale Workers’ Compensation Lawyer
As a remote worker, you may not realize that work-related injuries qualify for workers’ compensation benefits. If you suffer a work-related injury, you have 30 days to notify your employer. If they challenge your claim or refuse to pay your benefits, feel free to connect with KJT Grupo de Derecho. Dial (818) 507-8525 to begin your free, no-obligation case review.