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How Has Remote Work Changed Workers’ Comp Coverage?

Remote workers are still eligible for workers’ compensation, but employers and employees alike should know the issues that may arise.

The COVID-19 pandemic has drastically changed the workforce. More people are working from home and many office workers state they want to continue doing so even once the pandemic is over. It is crucial that employers understand how this changes certain elements of work, including workers’ comp coverage. Employees should also always remain aware of their rights and if they become hurt, speak to an Omaha workers’ comp lawyer as soon as possible.

Classifying Employees

The National Council on Compensation Insurance (NCCI) has published a Classification Codes and Statistical Codes Manual that outlines how employees should be classified when working from home. Within that manual it states that Code 8871 defines a home office as an administrative work area that is located within the home of the administrative worker. For a home office to be considered as such, it cannot be in the same location of the employer. If an employer runs a business out of their own home and clerical staff also work in the home, the employees must then be classified under Code 8810.

While Code 8871 is applicable in Nebraska, it does not apply in every state. Regardless of where an employee works, ensuring that employees are classified properly is crucial to a workers’ compensation claim. An Omaha workers’ comp lawyer can advise on how to properly classify employees so workers receive the benefits to which they are entitled.

Defining Work Injuries

Regardless of an employee’s work location, workers are only eligible for workers’ compensation if they become injured while performing the duties within the scope of their employment. However, determining whether an injury sustained at home is considered a work injury becomes a bit more complex. Not every injury sustained at home will qualify as a compensable injury.

For example, if an employee works from home and cuts themselves while making their lunch on a break, that may not be considered a compensable work injury. On the other hand, if the employee developed a carpal tunnel injury as a result of working on a computer for their employer, that is an injury eligible for workers’ compensation.

An employer may also state that the injury was not incurred while the employee was working, even when it is not true. An employee may also suffer from a slipped disc in their neck after working on a computer for a long period of time. The employer though, may dispute the claim that the injury was sustained while the employee was working in an effort to avoid an increase of their insurance premiums.

Although these are difficult situations, a workers’ comp lawyer can help employees overcome them so they receive the benefits they need.

Call Our Nebraska Workers’ Compensation Lawyer Today

At Andres Law Offices, PC, LLO, our experienced Omaha workers’ compensation lawyer knows the challenges working remotely has presented. If you are working from home and have sustained an injury while performing duties within the scope of your employment, contact us today. We are dedicated to helping injured workers and know how to hold your employer and their insurance company liable for paying the benefits you deserve. Call us today at (402) 491-4003 or contact us online to schedule a consultation and to learn more about how we can help.