Ask HR: Can Injured Remote Workers Seek Workers' Compensation?

2022-09-02 23:23:27 By : Ms. Wendy Cao

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​ SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.

Do you have an HR or work-related question you'd like him to answer? Submit it here. 

I have worked remotely in my current position for the last two years. I recently injured myself while working from home during work hours. Can I seek workers' compensation benefits? —Shari

Johnny C. Taylor, Jr.: I'm sorry to hear you were injured! As the world increasingly relies on remote and hybrid work, new workplace scenarios will arise, so kudos to you for posing this question. You may be surprised to learn that you can indeed seek workers' compensation benefits, even though your injury happened while working at home. To be approved for workers' compensation benefits, you must first prove you were acting in the interest of your employer at the time the injury occurred.

Start by contacting your HR department. They will likely ask you a few questions so they can complete an injury/illness report. Remember to thoroughly document the details of the entire circumstances surrounding your injury. You'll also want to review your company's workers' compensation policy, if available.

Your company may also have a third-party carrier who will manage your workers' compensation claim after HR submits the illness/injury report; thus, the carrier may reach out to obtain additional details about when and how your injury occurred. Keep in mind, each state has unique workers' compensation regulations, so ask any clarifying questions needed for the state in which you work.

If your workers' compensation claim is approved, you may be required to visit a specific medical facility or physician for your injury. Be sure to ask if that is a requirement before you seek medical treatment. Depending on the workers' compensation policy, you may be entitled to 66 percent of your regular wages and up to 100 percent after a waiting period. Some companies may have employees use any accrued sick leave or paid time off during an otherwise unpaid waiting period.

I hope by taking these steps, you will be on your way to feeling better soon!

I was terminated from a job earlier this year. I haven't been able to find work in my field and have only worked part-time jobs since. My shame in not having recent success in my career has led to me closing myself off from former co-workers and friends. I've never been big on networking, but I feel like I might be missing out by not reaching out for help to the people I know. How can I better utilize my contacts in my job search? —Carter

Johnny C. Taylor, Jr.: First off, I am so sorry to hear about the loss of your last job. There is no reason to be ashamed of your recent struggles. It is not easy being out of work, and it is even harder to ask for help. One of the best things I have done in my career is reach out to former co-workers and friends to give and, yes, receive support.

Don't be afraid to reach out to former co-workers and friends even if you haven't spoken with them in a while. Here are a few steps you can take to leverage these important relationships in your job search:

Talking with your network of associates and friends helps to broaden your perspective and see opportunities you might otherwise miss. You've invested time and energy in cultivating these relationships. Not only is it perfectly acceptable to seek assistance, but it's also smart. The people you've worked with know what you are capable of and can offer insights you might overlook. Again, we are on the giving end sometimes; other times, we are on the receiving end. So, don't hesitate to ask for help and recommendations.

I hope you find the right opportunity for your career.

Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.

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The issue of paying for remote workers' expenses, whether because of legal obligations or as a way to attract and keep talent in a tight labor market, isn't going away as the pandemic recedes.