Florida Workers Compensation Laws

1. How Do Workers Compensation Law Work When You Work Remotely? On Behalf of Rosenthal, Levy, Simon & Sosa | Florida Workers Compensation Laws In 2023, 12.7% of full-time employees worked entirely remotely, with 28.2% working in a hybrid form. Employees who work from home are still entitled to the same benefits as those who work on-site, although getting compensated may prove more challenging. If you have been injured while working virtually, our Florida workers’ compensation attorneys are here to protect your rights. What is Workers Compensation? Workers’ compensation is employer-provided insurance that offers benefits to workers who are injured on the job. Workers’ compensation reimburses employees for lost wages and medical expenses. Workers are compensated regardless of whether they were partly at fault for the accident. Florida law requires most employers to carry workers compensation insurance. Workers’ compensation protects employers from a personal injury lawsuit while giving employees a steady income during a time of hardship. Am I Eligible for Workers Compensation if I Work from Home? To qualify for workers’ compensation benefits, you must prove that you were working within the scope of your employment. Florida Statute §440.09 states that for a worker to receive benefits, your injury, the occupational cause, and any resulting disabilities must be directly connected to your work accident.

2. For anyone who is working at home, you must show that you were performing routine job duties when you were injured. Even though Florida law does not have a location requirement for a worker to collect benefits, you must demonstrate that the injury was tied to performing professional tasks. Injury Rate for Remote Workers Those who work from home are more likely to work longer hours than those who are working at the office. Since an employee who works beyond an 8-hour workday will be carrying out more repetitive motions, the individual is likely to suffer an injury. Exhausted remote workers are more likely to develop poor posture, which they may maintain for prolonged periods, so much so that a 2020 study showed that 41% of Americans felt increased shoulder, back, and wrist pain after beginning to work from home at the start of the pandemic. Sedgwick CMS versus Valcourt-Williams In this landmark case, Ms. Valcourt-Williams tripped over her dog one day while working from home. Although the Judge of Compensation Claims approved her workers compensation claim, the Florida District Court of Appeals denied it. The court ruled that the risk of tripping over her dog existed whether she was on or off duty. The court’s ruling governs future cases, requiring plaintiffs to show that a certain injury risk increases while “on the clock.” Injured While Working Remotely? Consult with a Florida Workers’ Compensation Attorney Today The traditional work model has transformed. Though employees who work from home are covered under workers’ compensation insurance, there may be “hoops” to jump through to access the same benefits as employees who go into the office. If you have been injured while working from home, we want to hear from you. Contact us to schedule a free consultation with a West Palm Beach workers’ compensation attorney.