What Happens If You’re Injured On The Job While Working Remotely In Wisconsin?
At Gillick, Wicht, Gillick & Graf, we understand that remote work has become increasingly common for Wisconsin employees. Many workers now carry out their job duties from home, and this shift has led to important questions about Wisconsin Worker’s Compensation coverage. Injuries that occur while working remotely can create confusion regarding eligibility for benefits. If you’re injured while working from home, it’s essential to understand your rights under Wisconsin Worker’s Compensation laws and what steps you should take to protect yourself and your claim.
Understanding Wisconsin Worker’s Compensation Law For Remote Work
Wisconsin law mandates that employers provide Worker’s Compensation insurance to employees who sustain injuries arising out of and in the course of employment. According to Wisconsin Statute § 102.03, an injury must occur while performing duties connected to employment to qualify for compensation.
When working remotely, the key issue becomes determining if the injury happened within the “scope of employment.” Generally, if your injury occurs while you’re performing tasks directly related to your job, even at home, you’re typically covered. However, proving the injury was work-related can become more complex in remote work situations.
Proving Your Injury Was Work-Related
If you’re injured remotely, the burden is on you as the employee to demonstrate that your injury arose from performing your job duties. For example, if you slip and fall while walking to your home office during regular working hours, you may have a valid claim. However, if the injury happens while doing unrelated personal tasks or during non-working hours, your employer and their insurer may deny your claim.
It’s crucial to immediately document details of the injury, including:
- The exact time and location of the injury.
- Tasks you were performing when the injury occurred.
- Witnesses or evidence that supports your claim.
Reporting Your Injury Promptly
Under Wisconsin law, you must promptly report your injury to your employer. Timely reporting helps establish the validity of your claim and preserves your eligibility for benefits. Wisconsin Statute § 102.12 sets specific timelines for reporting workplace injuries; failing to adhere to these timelines may jeopardize your benefits.
What Benefits Can You Receive?
If your injury qualifies for Worker’s Compensation, you may be entitled to several benefits under Wisconsin law, including:
- Medical expenses (doctor visits, surgeries, medications, therapy).
- Wage replacement benefits if you miss work (temporary disability benefits).
- Compensation for permanent disability or impairment.
- Vocational rehabilitation is available if you’re unable to return to your previous job.
Our attorneys carefully evaluate each case to ensure our clients receive every benefit available under Wisconsin law.
Frequently Asked Questions About Remote Work Injuries In Wisconsin
Am I Covered By Worker’s Compensation While Working From Home?
Yes, Wisconsin Worker’s Compensation covers injuries that occur during remote work, provided the injury arises directly from your job duties and occurs within your employment scope and hours.
What Should I Do Immediately After A Remote Work Injury?
Immediately report the injury to your employer, seek medical treatment, and document everything related to the injury and how it occurred. Keeping detailed records strengthens your claim.
How Long Do I Have To Report A Remote Work Injury In Wisconsin?
Wisconsin Statute § 102.12 requires you to report workplace injuries to your employer within 30 days. Prompt notification ensures compliance with the law and protects your rights.
Can My Employer Deny My Claim Because I Was Working Remotely?
No, your employer cannot deny your claim solely because you were working remotely. The critical factor is whether the injury occurred while performing job-related tasks during working hours.
What If My Claim Is Denied?
If your claim is denied, you have the right to dispute the denial by filing a hearing request with the Wisconsin Department of Workforce Development. Having a knowledgeable attorney advocate for you during this process can significantly improve your chances of success.
Can I Receive Compensation For Lost Wages While Recovering?
Yes, if your doctor determines you are unable to work temporarily due to your injury, you can receive temporary disability benefits to compensate for your lost wages until you can return to work.
Are Employers Responsible For My Home Office Safety?
While your employer may have limited control over your home office
environment, they remain responsible under Wisconsin law for injuries that arise directly from job duties performed remotely.
Contact Gillick, Wicht, Gillick & Graf For Your Free Consultation
If you’ve suffered an injury while working remotely in Wisconsin, you don’t need to navigate the Worker’s Compensation process alone. At Gillick, Wicht, Gillick & Graf, our experienced Milwaukee Worker’s Compensation attorneys stand ready to help you secure the benefits you’re entitled to under Wisconsin law.
We represent injured workers throughout Wisconsin, ensuring your rights are fully protected and your claim is handled with care and diligence. Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Let our dedicated attorneys help you get back on the path to recovery and ensure you receive the compensation you deserve.
