Injured While Working From Home?

Is It Workers' Compensation When You Are Injured Working From Home?

Now that many more people regularly work from home for their employers, this question comes up a lot.  Can an injury that happens in your own home be workers' compensation?

The answer is yes.  The legal question is whether the injury happned when you were in the "course and scope" of employment.  This means you were working (i.e., on the clock) and that you were doing something work-related.  In other words, if you stood up from your desk to get more printer paper and tripped and fell, that is workers' compenstioan.  If you were on a break, taking your dog for a walk, when you tripped, it is not workers' compensation.  

The most basic question is: were you doing a work related task or actitivity during your working hours?  If so, you can file a workers' compesnation claim for the injury.  There is some gray area here as well.  Sometimes an injury might occur while doing a work related task that is not during working hours.  These are more difficult cases and should be discussed with an attorney.

To file a workers' compensation claim in Oregon, go to your HR department and complete an 801 claim form.  You can also complete an 827 claim form at your doctor's office.  Both are valid methods of filing workers' comp claims in the State of Oregon.

If you are unsure whether your sitation will fall under Oregon's workers' compensation laws, it is a good idea to discuss it with an attonrey.

You can contact me directly at 503-975-5535, or find more information about whether you need a workers' compesnation attorney at www.oregonworkinjury.com.