• Facebook
  • Twitter
  • Youtube
Call Now: 843-900-0000    English Español
Clekis Law Firm
  • Home
  • Who We Are
    • Our Team
    • Videos
  • What We Do
    • Personal Injury Lawyer
      • Birth Injury
      • Brain Spinal Injury
      • Product Liability
    • Accident Attorney
      • Car Accident
      • Truck Accident
      • Motorcycle Accident
    • Workers Compensation Attorney
    • Medical Malpractice
      • Hospital Malpractice
      • Elder Abuse
      • Medicine Errors
    • Wrongful Death
    • Criminal Defense
      • Drug Offenses
  • FAQ
  • News
    • Articles
  • Contact Us
  • Menu Menu
personal injury lawyer

Personal Injury Lawyer | Can I Get Workers Comp from Home?

Personal Injury Lawyer | Can I Get Workers Comp from Home?

Personal Injury Lawyer | You work from home but have an employer. One day, while at home, you trip over the dog running to answer the phone, and it is a work call. You’re injured from the fall and apply for workers’ compensation. Will your claim be denied?

You can get workers’ compensation if you work from home, but the location may complicate your claim. State statutes vary, and each claim is decided based on the specific details involved, so it is difficult to say in the abstract what will happen. Still, one contested Oregon case demonstrates the typical issues.

Work-Related Injury

People can and do apply for compensation for injuries sustained on the job but at home. The decision to grant or deny will turn on the wording of state statutes and your case specifics. The Oregon workers’ compensation statute says that a compensable injury must “arise out of” and occur “in the course of a worker’s employment.”

In Sandberg v. JC Penney, a woman actually did trip over her dog while going to her garage, where she kept her employer’s materials. Her workers’ comp claim was initially denied but on appeal the denial was reversed. The woman was a designer and worked in a studio for her employer only once a week, spending the rest of the time on the road or at home.

In that case, the appellate court decided that her injury did arise out of and in the course of her employment because her home premises were also her work premises. The designer was required to keep materials at home as part of her job and once the home premises and the work premises are deemed one, “it follows that the hazards of home premises encountered in connection with the performance of the work are also hazards of the employment.”

Specifics Matter

The appellate court concluded, “Here, because employer did not provide space for claimant to perform all of her work tasks, she was required — as a condition of her employment and for the benefit of her employer– to work in her home and garage.”
As you can see, specifics make all the difference. Someone who was not a designer or who did not have to travel might not have had the same outcome as Sandberg. It helps to have your claim reviewed by a lawyer so that you emphasize the important details in your case.  A personal injury lawyer can review the specifics.

Talk to a Workers’ Compensation Lawyer

If you’re applying for workers’ compensation, speak to a lawyer today. Get help and guidance. Contact a personal injury attorney to consult for free or a minimal fee and will be happy to assess your case. find law.com

Since 1989, the personal injury lawyer of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don’t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve.

February 6, 2017
Tags: north charleston workers compensation, Worker's Comp, workers compensation
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share by Mail
https://jkva5a.a2cdn1.secureserver.net/wp-content/uploads/2020/09/ClekisLawFirm_Logo_Bold.png 0 0 damg https://jkva5a.a2cdn1.secureserver.net/wp-content/uploads/2020/09/ClekisLawFirm_Logo_Bold.png damg2017-02-06 00:00:002017-02-06 00:00:00Personal Injury Lawyer | Can I Get Workers Comp from Home?
You might also like
Injured on the job lawyerHow to determine if your injury is work related.
Injured on the job lawyerOSHA Implements New Rules Regarding Reporting Work Injuries
Injured on the job lawyerWorkers Compensation Lawyer | 10 Injuries That May Not Be Covered
workers compensation attorney james islandWorkers Compensation Attorney in James Island | Human Labor Should Not Be a Disposable Commodity
Injured on the job lawyerWorkers Compensation: I Was Injured at Work, Can I Sue?
workers compensation attorney johns islandInjured on The Job | Don’t Take an Injury for Granted
Injured on the job lawyerWorkers Compensation Attorney James Island | Don’t Be Embarrassed by an On-the-Job Injury
Injured on the job lawyerSeeking Treatment in a Workers Comp Case

Lastest News

  • Charleston South Carolina area car chase causes two highway deathsAugust 7, 2020 - 2:16 pm
  • South Carolina family receives compensation for lost time as well as other damages after an accident lawsuit related to the death of their sonJuly 15, 2020 - 9:07 pm
  • Charleston driver was extracted from his car by emergency workers after a collisionJuly 13, 2020 - 12:00 am
  • Charleston bicycle rider is hit by a car and killed while crossing a bridgeJuly 1, 2020 - 12:00 am
  • Charleston mill workers were hurt during their shift but their employer gives few detailsJune 16, 2020 - 12:00 am
  • Charleston bicycle rider is killed while going across a bridgeMay 29, 2020 - 12:00 am
  • Charleston woman is severely burned by a heater and later dies from her injuriesMay 26, 2020 - 12:00 am
  • Charleston worker is injured when his truck turned over on a highway. What remedies are available to him?May 26, 2020 - 12:00 am
  • Charleston area police respond to the scene of a two car crash. How will they generate an accident report and how is this information used later?May 26, 2020 - 12:00 am
  • Charleston residents should be mindful of driving through certain areas that are accident proneMay 26, 2020 - 12:00 am

CONNECT WITH US

REVIEWS

WHY CHOOSE US?


The Clekis Law Firm offers clients over three decades of experience and customer focused service. We believe in fighting for our clients to get them the money they deserve and making sure they know they are not just another case number. The Clekis Law firm in Charleston, SC remains committed to putting clients first and to fighting for justice in each personal injury case we work on as we have done since 1989.

  • Clekis Law Firm Main Office

    2850 Ashley Phosphate Rd.
    North Charleston SC 29418

  • Satellite Office

    171 Church Street
    Charleston SC 29401

  • Phone

    Office: 843-900-0000

  • Email

    nick@clekis.com

  • Business Hours

    Open 24 hours

Main Office

Satellite Office

CONNECT WITH US

Contact Us


    Area of Interest* (required)


    Please prove you are human by selecting the tree.

    Personal Injury

    Ehe personal injury attorneys at the Clekis Law Firm have more than 30 years of combined experience fighting insurance companies…

    Learn More

    Accident

    If you or someone you love was hurt in a car accident, truck accident, motorcycle accident,or another type of accident in Charleston, South Carolina…

    Learn More
    Follow a manual added link

    Workers Compensation

    The Clekis Law Firm helps people who have suffered work place and on the job injuries. We are Charleston workers’ compensation lawyers…

    Learn More

    Medical Malpractice

    Unnecessary Surgery, Medication Errors, Infections while in the hospital, these are examples of medical malpractice. When a medical professional…

    Learn More

    Wrongful Death

    A wrongful death case involves a family member who was killed because of the negligence of someone else. For example, if a parent has a child…

    Learn More

    Criminal Defense

    Based in Charleston, the criminal law attorneys at the Clekis Law Firm have more than thirty years of combined experience defending…

    Learn More

      If you have suffered a personal injury or lost a loved one in an accident, we would like to help you. You can see us for free. In fact, we’re paid our fee and we recover expenses only if we collect money for you on your claim. Fees will be calculated before deducting the expenses advanced on behalf of the client.

    Accepting Calls 24/7

    Call Now
    (843)-900-0000

    NO RECOVERY
    NO FEE

    Being injured presents all kinds of limitations. If you’re unable to visit to our office, we’ll come to you.

    Recent News

    • Charleston South Carolina area car chase causes two highway deathsAugust 7, 2020 - 2:16 pm
    • South Carolina family receives compensation for lost time as well as other damages after an accident lawsuit related to the death of their sonJuly 15, 2020 - 9:07 pm
    • personal injury lawyer
      Charleston Personal Injury Lawyer | Our LocationsNovember 30, 2017 - 12:00 am
    • personal injury lawyer
      Personal Injury Lawyer Charleston | Who Is Clekis?November 28, 2017 - 12:00 am

    Legal Marketing Solutions by USAttorneys.com
    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation

    - DAMG Theme by Kriesi
    • Articles
    • What We Do
    • Who We Are
    • Contact Us
    Workman’s Compensation Lawyer | Slip and FallsWorkman’s Compensation Lawyer | Failed Drug Test
    Scroll to top