Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
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Am I eligible for workers’ compensation if I am hurt while working from home in New Jersey?
Generally speaking, the answer is yes. That said, a home-office workplace injury is more complicated to prove, and seeking legal counsel is a good idea to ensure a viable workers’ compensation claim.
If you work from home in New Jersey, even if your company is not located in the state, you may be eligible for New Jersey workers’ compensation. On the other hand, if you work for a New Jersey company while living and working from home in another state, you may not be eligible for workers’ compensation in New Jersey. Your specific situation needs to be discussed with an experienced workers’ compensation attorney at the Todd J. Leonard Law Firm.
As with all workers’ compensation claims, you must prove that the injury happened while performing your job duties for your employer. Since the accident occurred at your home, the details of your case are crucial, as your employer must have a greater level of detail since you are not at the office’s physical location.
It’s important to be detailed and precise, and provide pictures if possible. Keep in mind that every claim is not the same. All claims are handled on a case-by-case basis. Also, be aware that the employer and its insurance carrier should find home workplace hazards to be the same as hazards in the company’s physical office. Employers must provide their off-site workers with a safe work environment.
Courts in New Jersey recognize that working from home is more common than ever, and many companies have all or part of their staff working partly at home and in-office. An employee working from home is considered a benefit to the employer, not a convenience for the worker. In most cases, courts define work-related activities liberally in favor of the worker, including regular work breaks (e.g., Meals and short breaks).
However, workers’ compensation does not cover injuries not related to work. New Jersey courts have also typically excluded heart attacks or strokes because they cannot usually be causally associated with a worker’s job. Types of injuries covered include back injuries, repetitive motion injuries, and neck pain.
There may also be the possibility of recovering compensation for injuries sustained due to hazardous conditions in your home office. Your Todd J. Leonard Law Firm workers’ compensation attorney can evaluate what claims you may be able to pursue.
Contact the Experienced Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm Now!
If you were recently injured in a workplace accident, this is undoubtedly a difficult time for you and your family. The workers’ compensation lawyers at the Todd J. Leonard Law Firm understand the challenges you face and want to help protect your rights. We aggressively represent every client we serve, ensuring they receive the benefits they are entitled to, so they can move on with their lives after a serious accident while on the job. Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.