Working From Home During COVID-19

Florida Workers Compensation Rules | Workers Compensation Lawyers in Florida | LaBovick Law Group of West Palm Beach

Working From Home During COVID-19

The COVID-19 Coronavirus has come as a shock to the world. Our hearts go out to you and your families. Employees are uncertain about the status of their job security due to the ever-growing pandemic occurring. Employers are scrambling to ensure their day-to-day operations continue. If you are lucky enough, your employer may have set you up with a computer at home. At a minimum, your employer may have given you some capability to work remotely from the comfort of your home. There are many challenges to working at home including but not limited to: tricky wires, children running around the house, and objects on the floor of your home. Contact the experienced Workers’ Compensation attorneys at LaBovick Law Group if you’re injured while working from home.

WORKING FROM HOME AND FLORIDA WORKERS’ COMPENSATION BENEFITS

Florida Workers’ Compensation benefits are most likely due and owing for employees who are instructed that they must work from home due to the COVID-19 coronavirus. This virus has completely changed the way we live our lives on a daily basis. Floridians and people across the United States are attempting to limit their interaction with the public as much as they can. Because of social distancing, our employers are telling us to work from home to help reduce the likelihood of spreading or contracting the coronavirus.

COMMON QUESTIONS WE GET:

  • Is an injured worker entitled to Workers’ Compensation benefit if forced to work from home?
  • What do I need to do after an accident that occurs at home while I’m working?
  • How do I report the accident if I’m working from home?

TRIP AND FALLS AND INJURIES WHILE WORKING FROM HOME

As an example, if you have the unfortunate experience of tripping over a computer wire while standing up to grab some water, you will be entitled to Workers’ Compensation benefits including but not limited to medical treatment and lost wages. The very fact that you were told to work from home leads to the conclusion that the employer had control over your work while you were at home. The workplace is now your home versus the traditional setup in your company’s office. All of the same rules apply. If you’re injured within the course and scope of your employment, while you’re working, medical and lost wage benefits are due and owing. Do not let your company convince you otherwise.

The same holds true if you tripped and fell in your kitchen to grab a glass of water. Your household became the place of employment once your employer told you to stay home to reduce the spread. A simple glass of water while in the course and scope of employment does not signal that you’re deviating from your work. Another example would be if your puppy runs under your legs and forces you to fall at your home desk – this will also most likely lead to the Workers’ Compensation insurer setting you up with medical treatment.

If your employer gives you the option of staying “in-office” or working from home, you may be entitled to Workers’ Compensation benefits while operating at your house. Generally, it comes down to the degree of control exerted by the employer, and whether or not you were engaged in work while at your home at the time of the accident. If you’re a traveling salesman who is permitted to go to local stores to sell a product, you will most likely qualify for Florida Workers’ Compensation benefits if you trip and fall while on the way to your car, to retrieve your business cards. Why? Because you were contemplating work at the time of your accident. Retrieving your business cards to bring to a store is certainly considered “furthering the business,” or simply working in the course and scope.

WHAT DO I DO IF I’M INJURED AT HOME?

  • CALL the experienced Workers’ Compensation attorneys at LaBovick Law Group. We are here to discuss the injury and accident with you. We do not charge ANYTHING for an initial consultation. It’s absolutely free. You have nothing to lose.
  • SAY NO to a recorded or sworn statement. Call us first! You do not want a tricky adjuster convincing you to drop the claim.
  • REPORT the accident within 30 days to your employer. If you are currently at home, we suggest emailing your supervisor in addition to calling. Keep a paper trail so your employer cannot use a “notice defense.” Your email correspondence will go a long way in defeating defenses the employer may utilize later on down the road.
  • FILL OUT an injury report. This can be done by phone. Due to COVID-19, your employer should be able to fill out the report and ask that you sign it electronically. Documenting your employment file is very helpful!
  • REFUSE to sign any documents unless you know what you’re signing doesn’t pertain to Workers’ Compensation or your accident. Keep it simple-refuse to sign prior to discussing the document with the experienced Workers’ Compensation attorneys at LaBovick Law Group. You do not want to waive any important rights you have.
  • TAKE A DEEP BREATH. We are here to help. We will make sure you get the medical benefits and lost wages you need in a troubling time. The Workers’ Compensation system is still operating despite COVID-19. Let us fight for your rights under the Florida Workers’ Compensation system.

If you are injured while working from home during the COVID-19 pandemic, make sure to always call the experienced Workers’ Compensation attorneys at LaBovick Law Group. We’re ready, willing and able to take your call and guide you along the process. Our law practice continues business as usual. Our services are FREE of charge, and our initial consultations are free as well. We work strictly on a contingency basis. We have the experience and know-how to maximize justice in connection with the law. We know that COVID-19 has caused distress and panic throughout the sunshine state. Do not delay. Give us a call to discuss your workers’ compensation case.

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Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.