Does Illinois Workers’ Comp Cover Me If I Work From Home?

 Posted on September 05,2024 in Workers' Compensation

In recent years, the number of people working from home has skyrocketed. Although the rate of growth has slowed, remote work is still the way many people earn a living in the U.S. This transition has prompted cybersecurity concerns, a dynamic shift in how companies do business, and introduced popular hybrid work models.

While organizations and workers alike benefit from remote work, the question of whether workers’ compensation covers you when you work from home arises. The answer: it depends. The knowledgeable lawyers from McNamara Phelan McSteen, LLC explain.

Who Is Covered by Workers’ Comp?

In Illinois, laws require employers to maintain workers’ compensation insurance for most employees, with few exceptions. This coverage is intended to allow workers who are injured or become ill on the job to get prompt medical treatment and help them financially while they are out of work recovering.

Independent contractors, on the other hand, are usually not covered by workers’ comp. Employers may choose to exclude themselves as well. So, if you are a work-from-home or hybrid employee working on a W-2 basis, you should be covered by your employer’s workers’ comp policy if you suffer from an eligible event. But in most cases, you cannot receive benefits as a 1099 contractor.

How to Prove That Your Work From Home Injury Is Work Related?

If you work in an office, a warehouse, or a retail store, there are likely supervisors and others around who can confirm that your accident, illness, or repetitive-motion injury happened while you were performing your duties on the clock. Video surveillance cameras may even have captured the incident as it happened.

Working from home, you may be alone, with no witnesses who saw your incident. Unfortunately, some remote workers claim that an accident happened due to work when it actually occurred on personal time. Without evidence that proves your injury is work related, it can be challenging to get workers’ comp benefits. Fortunately, your legal team from McNamara Phelan McSteen, LLC understands how to find supporting evidence.

What Kinds of Incidents Are Common for Remote Workers?

Many work-from-home positions require using a computer for most, if not all, of your shift. Carpal tunnel syndrome is a common injury affecting workers using keyboards, along with other ergonomic issues resulting from poor posture. Other conditions commonly experienced by remote workers include:

• Eye strain

• Slip-and-fall injuries

• Anxiety and depression

• Stress caused by isolation

• Repetitive strain injuries

If you are an employee and suffer from these or other qualifying injuries, your legal team from McNamara Phelan McSteen, LLC can help with filing your workers’ comp claim and proving that your employment caused your condition.

Request Your Free Consultation Today With Our Experienced Joliet, IL Workers’ Compensation Lawyers

Although you should be covered as a remote or hybrid employee, getting the benefits you deserve in these workers’ comp cases is often challenging. Call McNamara Phelan McSteen, LLC now at 815-727-0100 to discuss your situation with our skilled Will County, IL workers' comp attorneys.