The COVID-19 pandemic has forced millions of workers to work remotely. As a result, the number of workers’ comp claims relating to injuries occurring at a home office is on the rise. In most cases, it doesn’t matter how you were injured or who is at fault for the injury. If you work from home, you should still be covered by workers' compensation if you're ever injured on the job. However, just because you should be doesn't always mean you will be. In actuality, the cases can sometimes get very complex.

When it's obvious you were working at the time of the injury, your claim may be cut and dry; but sometimes it can seem obvious when it's not. The questions below are examples that you may need to consider before pursuing a workers’ comp claim.

  • What if you used the space for both work and personal reasons?
  • What if you were on your way home from a business meeting, which is technically also a return to your "office"?

Many people who work from home claim workers' compensation benefits successfully. Employees can protect themselves by working only from a designated workspace and even offering that space for inspection by their employers.

By taking part in the workers’ compensation system, you give up the right to sue your employer over the injury. The system isn't optional and is meant to work efficiently for the sake of you and your employer.

One caveat: if an employer was already planning on terminating an employee with cause, they could still terminate that employee while they are out on workers’ comp. Even in a situation like this, you still might be able to receive some benefits through workers’ comp while you remain injured.

If you have suffered a workplace injury in Kansas City, you should contact an attorney who understands workers’ compensation laws in Missouri and Kansas. 

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

We currently only serve clients in the Kansas City DMA.

Jason C. Amerine
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President and Owner, Castle Law Office of Kansas City
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