Working From Home in Tampa: Can You File a Workers’ Compensation Claim?
Although the pandemic is over, many employees in Tampa work from home. Your personal residence may not be the most hazardous work environment, but injuries are still entirely possible. What can you do after an injury of this nature? Is it possible to file a workers’ compensation claim in Tampa?
You Can Still File a Claim if You Were Working From Home
Working from home does not automatically rob you of your rights under the workers’ compensation program. As long as you are an “employee” and not an “independent contractor,” you are covered by this program.
That being said, many people who work from home are, in fact, independent contractors. If you see yourself as a “freelancer” and not a “dedicated employee,” you may not qualify for workers’ compensation. For example, you might be a freelance writer who works for multiple clients while setting your own hours and controlling the nature of your work. In this situation, you probably don’t qualify for workers’ comp.
That said, you may want to speak with a lawyer to confirm your eligibility before you give up hope. In some cases, employers intentionally “misclassify” their workers as independent contractors. This is a serious employment offense, and it means that legitimate employees are dissuaded from fighting for their rights.
Your employee cannot simply label you an independent contractor if you fit the general characteristics of an employee. Speak with a lawyer to determine whether or not this happened to you.
Did Your Accident Occur as a Result of Normal Work Duties During Normal Working Hours?
As long as your accident occurred while you were carrying out normal work duties and during normal working hours, you should be able to file a claim. This encompasses many potential injuries, from slips and falls to repetitive strain injuries and eye strain. For example, you might get up from your desk to walk to the printer. If you trip and fall on a power cord before fracturing your elbow, this should “count” as a workplace injury. Remember, workers’ compensation is a no-fault system, which means you can file a claim even if you caused your own injuries.
Repetitive strain injuries (RSIs) like carpal tunnel syndrome should also be relatively straightforward. You might also suffer burns after being exposed to electrical devices in your home office. Staring at a computer screen for too many hours per day can cause serious eye strain, and this may constitute a workplace injury as well.
Can a Workers’ Compensation Lawyer in Tampa Help Me?
A workers’ compensation lawyer in Tampa may be able to help if you are recovering from injuries you suffered while working at home. From slips and falls to repetitive strain injury and electrocution, there are many ways in which you can become severely injured while working from home. Contact The Franco Law Firm today to learn more about your legal options.
Source:
myfloridacfo.com/division/wc/home
