Work Injuries at Home

Many people began working from home due to the COVID-19 pandemic, but companies soon realized the cost savings by keeping at least part of their workforce remote or rotating in-office staff. The lower square footage of office space, lower utilities, and even the employees’ own lower cost of gas and travel make this a likely permanent fixture in many workplaces for the foreseeable future. But what does this mean for workers’ compensation claims?

Evaluated on a Case-by-Case Basis

The Pennsylvania Workers’ Compensation Act applies to any injury sustained “in the course of employment and related thereto.” What this means may vary from case to case, but as a general rule, an injury that occurs on company time, company property, and / OR while conducting the employer’s business would be a covered injury. Working from home or any other ‘remote’ location presents special fact patterns that must be evaluated on a case-by-case basis. These scenarios often involve multi-tasking for both work-related and non-work-related events.

For example, tripping over toys in the driveway while walking to the mailbox where your ‘business’ mail is now received, falling over the family dog or cat while grabbing a 2-minute coffee break, or when rushing back to your computer room when you hear the ‘ding’ of a video meeting starting. Many situations I ‘could have’ typed in this short list of scenarios involve a non-work incident occurring while you were working at home, which could have happened at any time – but DID happen while you were working.

Other Factors We Consider

Every situation will be decided based on numerous factors and the incident itself. Among these other factors include the frequency you work at home, whether it was mandated or a choice, how much time you were at or away from work at the moment of the inuring incident etc, etc. On the bright side, almost every workers’ compensation judge is now working from home or has at some point during the pandemic, giving them a greater appreciation of the issues at-home workers face. Two years ago, even the most seasoned workers’ compensation attorneys might not have considered many of these cases serious. Still, they are now viewed in the same light as any injury occurring right on the employer’s premises.

If you have suffered a work injury at home, you need a skilled attorney to present the case to the Court, establishing the Workers’ Compensation Act covers it. Call the Certified Work Injury specialists at Schmidt, Kirifides & Rassias for a free, no-obligation consultation.