If I Work From Home, Am I Covered By Workers Comp?

New York Workers Comp Board Working From Home Previous Rulings

New York Workers Comp Board has in the past determined that “Employees who work from home, outside the direct physical control of their employers, are potentially able to alternate between work-related and personal activities when they choose. For this reason, injuries sustained by employees working from home should only be found to be compensable when they occur during the employee’s regular work hours and while the employee is ‘actually performing her employment duties.” The Board further clarified that “taking a short break, getting something to eat, exercising or using the bathroom” are examples of activities not considered typical employment duties.  Besides exercising, these are the types of activities that the Board would usually consider a “momentary deviation” from employment if they happened in an employer-controlled workspace. In that case, any injuries sustained while performing those activities would be considered compensable under workers’ comp laws. However, the Board has made a clear distinction that the same rule does not apply when the employee is working from home. When working from home, those same activities will be considered purely personal activities, outside the scope of employment. As a result, injuries sustained while doing those same activities are non-compensable.

As we have mentioned before, but especially if you are injured while working at home, it is critical that you select a doctor to evaluate and treat your injuries who is familiar with the New York Workers Comp process to ensure the appropriate documentation is completed correctly to maximize your chance of a workers comp claim being approved. If you are injured while working at home and need a workers comp doctor in Queens, New York, or the Tri-State area, the Medex Diagnostic and Treatment Center is experienced in dealing with workers comp cases and can help.