Does Workers’ Comp Cover Employees Injured While Working from Home?
Remote work did not change the basic test for workers’ compensation in Colorado, but it did make that test harder to apply, because there is no supervisor, no coworker, and no security camera when you trip over a cord in your home office. Colorado workers’ comp can cover injuries that happen at home when the injury is tied to your job, and this post explains how that test works, the reporting deadlines that protect your benefits, and what to do when the insurer says your injury happened on your own time. A Denver workers’ compensation lawyer at Boesen Law can look at your situation and tell you where you stand.
The Test: Arising Out of and in the Course of Employment
Colorado workers’ comp covers injuries that arise out of and in the course of your employment. Location does not decide the question. Two elements do:
- In the course of employment looks at time, place, and activity. Were you working, on the clock, in the space where you do your job?
- Arising out of employment looks at the cause. Did the injury come from a risk connected to the work, rather than something purely personal?
A remote employee who falls down the stairs while carrying a laptop to a scheduled video call has a strong argument on both. An employee who is hurt while mowing the lawn during lunch has a much harder one. Colorado’s workers’ compensation laws apply the same test whether the desk is downtown or in a spare bedroom.
For answers to your questions, call:
(303) 999-9999
Home Office Injuries That Are Often Covered
Every case turns on its facts, but these patterns frequently qualify:
- Trips and falls during work tasks, such as tripping over equipment cords or falling while going to get printed work documents.
- Repetitive stress injuries, like carpal tunnel syndrome or tendinitis that develops from long hours of typing and mouse work.
- Back and neck strain from lifting work equipment or from a workstation set up to the employer’s specifications.
- Injuries during work errands, such as a car crash on the way to drop off a package for your employer.
- Short personal breaks. Colorado recognizes that brief, reasonable breaks, like getting a glass of water or using the restroom, can remain part of the workday.
Back injuries are some of the most disputed claims, because insurers often argue that workers’ comp can be denied for a back injury they blame on age or an old condition. Boesen Law builds the timeline that ties your injury to the work you were doing.
Why Remote Claims Get Denied
Insurers deny home injury claims for predictable reasons:
- No witnesses. The insurer questions whether the injury happened the way you say it did.
- Blurred work hours. If you were not logged in, or your schedule is flexible, the insurer argues you were off the clock.
- Personal activity. Cooking, childcare, or chores at the moment of injury are treated as outside the job.
- Late reporting. A delay gives the insurer room to suggest the injury happened somewhere else.
Digital records can answer most of these challenges. Login times, emails, chat messages, calendar entries, and video call logs show exactly what you were doing and when. If your claim has already been turned down, there are clear steps to take when a workers’ comp claim gets denied, and we can take those steps with you.
Deadlines and Reporting
The Colorado Division of Workers’ Compensation tells injured workers to report the injury to their employer in writing within 10 working days, and to file a Worker’s Claim for Compensation with the Division within two years of the injury. Your employer should also give you a list of designated medical providers within seven days after you report the injury.
For remote workers, the written report is even more important than usual. Send it by email so it carries a time stamp, describe exactly what you were doing for work when you were hurt, and keep a copy. Boesen Law can help you put that report together if you are unsure what to say.
When You Can Sue Outside of Workers’ Comp
Workers’ comp is usually the only remedy against your employer, but it is not always the only claim. If a third party caused your injury, such as a defective office chair that collapsed or a driver who hit you on a work errand, you may have a separate injury claim against that party. A third-party claim can pay for pain and suffering, which workers’ comp does not. There are several situations in which you can sue outside workers’ compensation, and we look for them in every case.
Scott Ash on Remote Work Injuries
Scott Ash, who has handled thousands of disputed workers’ compensation cases over a career of nearly 30 years, explains:
“The question I ask every remote worker is simple: what were you doing for your job in the minute before you got hurt? If the answer is a task your employer expected you to do, we have a claim. The evidence is usually sitting in your inbox and your chat history. Insurers count on remote workers not knowing that, and they count on a late report. Put it in writing, put it in writing quickly, and keep everything that shows you were working.”
What Cases Like Yours Have Recovered
Serious injuries from falls can carry significant value. In one case, Boesen Law secured an $800,000 settlement for a client whose leg needed plates, rods, and screws to reconstruct after a fall while retrieving an item from a dumpster. Every claim is different, and the case results we have obtained reflect years of building injury claims like these.
Contact Boesen Law About a Work-From-Home Injury
Getting hurt at home does not mean you are on your own. Boesen Law has decades of experience helping the injured, and our lawyers know how to show that a home office injury is a work injury. Speak with Boesen Law to book a free consultation in person, with help in English, Spanish, and Russian. We are available 24/7, and you pay no attorney fee unless we recover benefits or compensation for you.
FAQs About Workers’ Comp for Employees Injured While Working From Home
How does workers’ comp work if you work from home?
The same rules apply as in an office. The injury must arise out of and in the course of your employment, which means it happened while you were doing your job and was caused by a work-related risk. Where you were sitting does not change that test.
What happens if you get injured while working from home?
Get medical care, then report the injury to your employer in writing within 10 working days. Your employer should provide a list of designated medical providers, and you can file a claim with the Colorado Division of Workers’ Compensation within two years. Save emails, login records, and anything else that shows you were working.
Can my employer deny workers’ comp because I was at home?
An employer or insurer can deny the claim, but being at home is not a valid reason on its own. The question is whether the injury came from your work. If the claim is denied, you can challenge it, and the benefits workers can receive include medical care and wage replacement while you recover.
What are the legal protections for workers injured on the job in Colorado?
Colorado requires most employers to carry workers’ compensation insurance, which pays medical expenses and partial wage replacement for work injuries. Workers can also file a claim through the Colorado Uninsured Employer Fund when an employer did not carry coverage.
Call (303) 999-9999 or complete a Free Case Evaluation form
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