Can at-home employees get workers' compensation?

Many companies in California are jumping on the work at home bandwagon and allowing their employees to work from home offices instead of coming into a workplace managed and maintained by them. While there are many perks to having employees work at home, such as less overhead costs for office spaces and supplies, there are also areas that can pose problems. If you work at home as an employee of a company, you may wonder what happens if you get injured while working.

Because you are an employee, your employer must still have workers' compensation insurance to cover any work-related injuries you may sustain, according to The Hartford. This includes any injury that occurs when you are working even if the circumstances are not something within your employer's direct control. For example, there was a case where a worker stumbled over her dog and ended up injured. Because she was doing a work-related activity at the time, her employer was found liable for the injuries.

Essentially, regardless of where you work, your employer has the duty to ensure your workspace is safe. If your employer does not inspect your home office space, then that is their oversight not yours.

It is important to note that not all people who work at home are classified as employees. If you are not an actual employee, then you are not entitled to workers' compensation. This should be stated in the contract you signed where it explains you are an independent contractor. This information is only intended to educate and should not be interpreted as legal advice.

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