How Wisconsin Workers’ Compensation Law Handles Injuries That Occur While Telecommuting
The rise of remote work has created new challenges for workers’ compensation claims in Wisconsin. When an employee suffers an injury while working from home, questions often arise about whether the injury qualifies for workers’ compensation benefits. Wisconsin law requires employers to provide workers’ compensation coverage for their employees, including those who work remotely. However, proving that an injury is work-related can be more complex when it happens outside a traditional office setting.
Under Wisconsin Statutes Section 102.03, an injury is compensable if it arises out of and occurs within the scope of employment. This means that employees injured while performing job-related tasks at home may qualify for benefits if they can demonstrate that the injury was directly connected to their work. Employers and insurance companies may challenge these claims, making it essential for injured workers to understand their rights and legal options.
When A Telecommuting Injury Qualifies For Workers’ Compensation
For an injury to be covered under Wisconsin’s workers’ compensation laws, it must have occurred while performing job duties. Employees must show that they were engaged in a task required by their employer when the injury happened.
Examples of work-related injuries while telecommuting:
- Slipping and falling while walking to a home office for a scheduled work call.
- Repetitive strain injuries from prolonged computer use required for remote job tasks.
- Lifting injuries caused by moving work-related materials at home.
- Electrical injuries from using company-provided equipment.
Common Challenges In Remote Work Injury Claims
Establishing The Work Connection
Since no supervisor or coworker is present to witness the injury, proving that it occurred during work hours and was job-related can be more difficult. Employees should document when, where, and how the injury happened.
Employer And Insurance Company Disputes
Some employers and insurance companies may deny telecommuting-related claims by arguing that the injury happened outside the course of employment. Under Wisconsin Statutes Section 102.03(1)(c)3, injuries that occur while an employee is engaged in personal activities may not be covered.
Blurred Boundaries Between Work And Personal Life
Unlike a traditional workplace, home environments mix work and personal activities. If an injury occurs while an employee is doing non-work-related tasks, it may not qualify for workers’ compensation.
Wisconsin Workers’ Comp Frequently Asked Questions
Are Injuries That Happen At Home Covered Under Workers’ Compensation?
Yes, if the injury occurs while performing job-related duties and meets the requirements under Wisconsin Statutes Section 102.03, it may qualify for workers’ compensation benefits.
How Do I Prove That My Injury Was Work-Related?
Employees should document the time, location, and cause of the injury, report it to their employer immediately, and seek medical treatment. Any communication with the employer about work tasks at the time of injury can also support the claim.
What If My Employer Denies My Remote Work Injury Claim?
If an employer or insurance company denies the claim, employees can file an appeal through the Wisconsin Department of Workforce Development to seek a fair review of their case.
Can I Receive Workers’ Compensation If I Was Injured During A Work Break?
If the break was brief and within a reasonable scope of employment, the injury may still be covered. However, if the injury happened during a personal activity unrelated to work, the claim may be denied.
Do I Need To Report My Remote Work Injury Right Away?
Yes, delaying the report of an injury can weaken a claim. Under Wisconsin Statutes Section 102.12, employees must report injuries within 30 days to preserve their right to benefits.
Will My Employer Monitor My Home Workspace To Prevent Injuries?
Employers have limited oversight of home workspaces, but they may offer ergonomic guidelines or workplace safety recommendations to reduce injury risks.
What Types Of Benefits Can I Receive For A Remote Work Injury?
Injured workers may receive medical expense coverage, temporary disability benefits, permanent disability compensation, and vocational rehabilitation assistance under Wisconsin’s workers’ compensation laws.
If you have suffered an injury while working remotely in Wisconsin, you may be entitled to workers’ compensation benefits. Employers and insurance companies often challenge telecommuting injury claims, making legal representation crucial.
At Gillick, Wicht, Gillick & Graf, we fight for the rights of injured workers and ensure they receive the compensation they deserve. Call us today at 414-257-2667 for a free consultation. Our law offices in Milwaukee serve injured workers throughout Wisconsin. Let us help you protect your rights and secure the benefits you need.
Contact Our Milwaukee Workers’ Compensation Attorneys For A Free Consultation
Contact our Milwaukee workers’ compensation attorney at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation. With offices in Milwaukee, we proudly represent injured workers throughout Wisconsin. Let us help you fight for the benefits and treatment you need to recover and move forward.
