Are Remote Workers Covered by Workers’ Comp in Colorado?

 Posted on December 27, 2024 in Workers' Compensation

The advent of the internet in the 1990s opened the possibility of remote work across several industries. However, as recently as only a decade ago, remote work was still not widespread. Employees who typically worked on-site might have been allowed to work from home periodically if they were ill, but companies offering remote positions were somewhat unusual. Between 2019 and 2021, the popularity of remote work soared.

Colorado employers must carry workers’ compensation insurance policies to provide benefits to their employees who become ill from job-related causes or are injured while working. Do these employers have to cover remote employees or only those who work on-site? A knowledgeable Fort Collins, CO workers’ comp attorney can assist if you need help with your claim.

Are Injured Remote Workers Entitled to Workers’ Comp Benefits?

Any worker who is an employee of a company should be covered by the employer’s policy. However, contractors and self-employed workers performing jobs for that employer typically do not qualify for workers’ comp benefits.

When employees work on-site, proving that job-related issues cause accidents and injuries can be somewhat straightforward. Because remote employees usually lack direct, real-time supervision, they may experience significant challenges with a workers’ comp claim.

Suppose a remote employee trips and falls while carrying work-related materials or acquires carpal tunnel syndrome while using a keyboard for clerical duties. He should receive workers’ comp benefits to cover his medical expenses and a portion of his lost wages. However, employers and their insurers may argue that the injuries were sustained on personal time rather than while working.

What Should You Do if You Are Injured as a Remote Employee?

Whether your position is hybrid or fully remote, you have a higher burden of proof than on-site employees. If you are injured at home while working, you should:

• Document your accident and injuries comprehensively with photos and written statements.

• Report your injury to your employer immediately.

• Seek a medical evaluation even if you believe your injuries are minor because the medical record can serve as evidence to support your workers’ comp claim.

• File a workers’ comp claim. You have the option of doing so independently but your chances of recovering maximum damages increase if you have a lawyer assisting you.

Will the Workers’ Comp Insurer Pay My Claim Fairly?

No matter what type of insurance policy you are dealing with, the insurance company does not want to pay your claim. Remote employees may seem like easy targets for workers’ comp claim denials or other attempts to reduce your benefits.

When you have skilled legal representation, your lawyer knows the applicable laws and how insurers tend to handle claims. We also know how to protect your best interests and help you collect the full benefits you deserve.

Consult a Dedicated Fort Collins, CO Workers’ Comp Lawyer

At Hoggatt Law Office, P.C., we do all we can to achieve the best possible outcome for your workers’ compensation claim. Contact us online or call 970-225-2190 to set a time for a free case review with our determined Larimer County, CO workers’ compensation attorney. Se Habla Español.