Who Is Liable If You’re Injured While Using Company Equipment at Home?
During the pandemic, the number of individuals working from home tripled. While the flexibility of working from home was appealing to employees who had a long commute or family obligations, it brought about new legal complexities. Workers’ compensation insurers had to discern whether employers could be found liable for injuries that occurred outside of the office.
As the line between an employee’s personal and professional life becomes blurred, so does liability. At HGSK Injury Lawyers, we believe that remote workers should be afforded the same rights as on-site employees. If you or a family member has been injured while working in a home office, our Harrisburg workers’ compensation attorneys are here to assist you.
Factors Affecting Employer Liability
Working in the Scope of Your Employment
An employer is more likely to be held legally responsible for your injuries when they occur in the course and scope of your employment. If you are injured while using company equipment but are making a personal call or are taking a break, this is typically not grounds for a workers’ comp claim.
Company Equipment Contributed to Your Injuries
If defective company-provided equipment or furniture caused your injuries, you may be able to hold your employer legally accountable. Injuries can occur when machinery, power tools, or protective gear fail, which is the responsibility of your employer to ensure that it is in good working order when providing it to you.
Employer’s Level of Control Over Work Environment
If the employer is monitoring your performance from home, this would signify a certain level of control. In recent years, more employers have been using digital surveillance to track remote workers’ productivity. Software programs can now track remote workers’ key strokes, mouse activity, and time spent away from the computer. The more control an employer exerts over your work environment, the greater their legal exposure.
Steps to Prove That Your Injuries are Work-Related
Pennsylvania Workers’ Compensation Law states that remote workers should be given the same rights as on-site workers. Even so, you should present evidence that highlights that the injury occurred in the course of performing job duties. To prevent a claim denial, Pennsylvania law requires that you report the incident to your employer within 120 days.
Evidence that can support your claim includes:
- Reporting your injury to your employer immediately: Be sure to document the date/time/location of the injury, the circumstances behind it, and if there were any eyewitnesses.
- Seek medical care: As soon as possible, seek medical attention. Request that the treating physician document in your medical records the mechanism of injury. The mechanism of injury describes what event caused your injuries, and it is crucial in establishing a workers’ compensation claim.
- Gather information regarding your injury: Be sure to take photos of the equipment that contributed to your injury, whether it be your work desk or other machinery, and the injury itself. Not all work injuries are due to an isolated event, with some occurring due to repetitive strain. If you have experienced a repetitive strain injury, it is important to document when your symptoms first appeared and how your condition progressed.
- Contact a Harrisburg workers’ compensation lawyer: A workers’ compensation attorney can assess your situation, help in evidence collection, and file your claim on your behalf. At HGSK Injury Lawyers, we will handle insurance negotiations so that you receive fair compensation in a timely manner.
Speak with Our Harrisburg Workers’ Compensation Lawyers Today
If you have been injured while working from home on company equipment, you may be entitled to compensation from your employer. At HGSK Injury Lawyers, our team of legal professionals is aware that you are facing an uphill battle. Our Harrisburg workers’ compensation attorneys are committed to helping injured employees pay their medical bills and other accident-related expenses. To arrange your free consultation, contact us online or by phone at (267) 551-8782.