Can Remote Employees in Illinois Get Workers’ Compensation?

 Posted on November 05, 2024 in Workers' Compensation

Up until a few years ago, most people with administrative, sales, design, and other jobs that depend heavily on working with a computer went to their office to do their jobs. While there have always been work-from-home employees in various fields and industries, the number of remote workers skyrocketed during the COVID-19 pandemic. Once lockdowns and restrictions were lifted, some people returned to their offices but many decided to keep working from home.

With so many more people working remotely nowadays, there are questions about various aspects of employment. One example is: What happens with workers’ compensation? Office workers could get workers’ compensation in the past for injuries sustained while working at their desks. Is there any difference for remote workers? If you need answers about a specific situation, speak with a knowledgeable Peoria, IL workers’ compensation lawyer to learn more.

Who is Eligible for Workers’ Compensation?

Almost all employees in Illinois are covered by workers’ compensation, regardless of where they actually do their jobs. Anyone who is employed is typically entitled to coverage and benefits if he or she gets injured while working.

One major exception is independent contractors, or freelancers, who generally are not subject to the same degree of employer control as official employees. Employees who work from home still have their tasks dictated by their employer more than independent contractors, so remote work does not place them in the same category.

Another exception is when an employee suffers an injury or illness that did not happen while he or she was working or as a direct result of doing that work.

How Can Remote Workers Get Injured While Working from Home?

There are many types of injuries associated with jobs that heavily depend on computer-related tasks. Many fall under the category of repetitive stress injuries (RSIs), which are caused by repetitive motions by the legs, hands, arms, or neck. These injuries can take months or years to develop, leading to chronic pain, weak muscles, numbness, tingling, and more. Some of the most common RSIs related to office jobs are:

• Carpal tunnel syndrome: Pinched nerves that impact finger, hand, wrist, and arm movement can result from keeping your hands in a position and using fine motor movements, like typing.

• Tendonitis: This inflammation of tendons can affect movement in the shoulder, elbow, wrist, and ankle.

• Tennis elbow: Officially called epicondylitis, this affects tendons and muscles connected to the elbow, caused by repeated twisting of the wrist.

How Do Remote Employees File for Workers’ Compensation Benefits?

If you are a remote employee, the process for filing is the same as for other employees. First, notify your employer. Next, fill out a workers’ compensation claim form for your employer to submit to their insurance provider. While waiting for your claim to be processed, your employer should give you a list of medical care providers covered by the insurance. Make an appointment with someone on that list so you can be examined and treated for any injuries. If your claim is approved, you can expect to begin receiving benefits shortly after you are notified. If it is denied or you believe the offer is too low, speak with a workers’ compensation lawyer about appealing the decision.

With remote work enabling a lot more job flexibility in terms of time and location, it is common for employees not to work in the same state as their employer. Workers’ compensation claims need to be filed in the state where the employee works, regardless of where the employer is located.

Schedule a Free Consultation with a Bloomington, IL Workers’ Compensation Lawyer

Getting injured while doing your job can be distressing, and added legal processes to receive compensation for those injuries can make the entire experience even more overwhelming. You do not need to face it alone. A qualified Decatur, IL workers’ compensation attorney can review your case and advise you on how to proceed. At Kanoski Bresney, we are passionate about getting workers the compensation they deserve so they can get back on their feet. Call us at 888-826-8682 to schedule a free consultation.