With the rise of remote work, many Arkansas employees are now working from home or other off-site locations. According to the Department of Labor, about 1 in 5 Americans worked from home at some point in 2023.
Remote work offers flexibility and convenience to both employers and employees. However, the rise of remote employment has raised important questions about workers’ compensation and how it applies to remote workers in Arkansas.
In this article, we will guide you through the legal process of navigating workers’ compensation as a remote employee.
Workers’ compensation is a state-required insurance program designed to provide financial and medical benefits to employees who are injured or become ill because of their jobs. In Arkansas, workers’ compensation is required for businesses that have three or more employees.
Employees covered by workers’ compensation insurance are typically entitled to benefits regardless of who was at fault for their injuries. If you are a remote worker employed by a company with the required coverage, you are entitled to the same workers’ compensation protections as in-office employees.
Recoverable compensation for work-related injury or illness includes:
Workers’ comp can also provide compensation for long-term disability or wrongful death in severe accident cases.
A work-related injury is an injury that occurs while performing work or is caused by exposure to the work environment.
For in-office employees, this is relatively straightforward – if an injury happens at work or while performing work-related duties, it is typically covered by workers’ compensation. However, for an at-home employee, determining work-related injuries can be more complex.
In Arkansas, remote workers are generally eligible for workers’ compensation if they can prove their injury occurred while performing job-related tasks.
Common work-related injuries for remote workers include:
There are certain injuries that are unlikely to qualify as work-related under Arkansas law, including:
Unlike traditional work environments, where employee injuries are easier to document and verify, remote workers often face hurdles in proving their claims.
The following are some common challenges remote employees encounter when pursuing workers’ compensation benefits.
In a traditional workplace, employers have more control over the environment, making it easier to establish whether an injury happened while working. However, for employees working from home, the lines between work and personal activities can blur.
For example, if you trip over a power cord while attending a virtual meeting, you may have a valid workers’ compensation claim. But what if you trip while taking a break to get coffee? Your employer may argue that the injury was unrelated to work.
In a regular workplace setting, coworkers and supervisors can witness an accident and verify that an injury occurred on the job. Remote workers, however, are often alone, making it challenging to provide third-party verification.
Some employees and insurance companies may be skeptical of remote work injury claims, fearing fraud or exaggerated injuries. They may argue that you were engaged in non-work activities at the time of the injury or that the home environment is not their responsibility.
Employers have an obligation to ensure workplace safety. However, when employees work from home, maintaining workplace safety becomes more complex. Your company’s insurance carrier may argue that the employer cannot be held liable for home office hazards that contribute to an injury.
Another common challenge remote workers face is obtaining proper medical documentation. Since you may not be seen immediately by an employer or supervisor, insurers might question the severity of your injuries.
Since a remote work location lacks employer oversight, proving your injury is related to your job can be challenging.
Let’s take a look at some steps that can help strengthen your workers’ comp claim:
As an injured employee doing remote work, you might be wondering how to go about seeking compensation for your injuries. A workers’ compensation lawyer can help you get the compensation you deserve.
Consider some benefits of having a personal injury attorney by your side:
As a remote worker in Arkansas, you are entitled to workers’ compensation benefits if you suffer an injury while on the job. Unfortunately, proving that your injury occurred in the course of employment can be complicated if you are doing remote work.
The workers’ compensation lawyers at Minton Law Firm are here to help. As an ex-insurance adjuster, Justin Minton is familiar with the tactics insurance companies use to deny claims. Our attorneys are skilled negotiators who will fight to ensure you secure the compensation you need for your recovery.
If you have been injured while working from home, consult our legal team today to protect your rights. Call 855-Xadjuster or complete our contact form to schedule a free, no-obligation case review.
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