At The Kryder Law Group, LLC, Accident and Injury Lawyers, we understand the complexities of the Illinois Workers’ Compensation system when employees work from home. When you have a workers’ compensation claim, or your rightful claim is disputed, a Chicago work from home injury lawyer on our team is prepared to work diligently to recover compensation for you.
In this Article
When Are Work-from-Home Injuries Valid Workplace Injuries?
According to founding partner, Andrew Kryder, the key question to ask is, “Were you doing something that benefits the employer at the time of your work-related injuries or illness?” He explains, “In an office when an admin trips and falls, that’s a job injury. If the same admin is [working at their home office] and trips and falls, it’s a job injury.”
Andy continues with a key distinction, “In the office, it’s a witnessed job injury. At home, it’s unwitnessed.” He explains that the success of a worker’s compensation claim for a home office injury “…may boil down to the credibility [of the injured worker].”
Does the Illinois Workers’ Compensation Act Apply to Remote Workers?
Under Illinois law, employees who are injured while working from home may be eligible for workers’ compensation benefits.
The Illinois Workers’ Compensation Act treats injuries at traditional workplaces and home offices alike, focusing on whether the injury occurred during work hours. Employers may challenge claims if they doubt the course of employment injury was work-related.
What Illinois Laws Apply to Remote Employees?
Starting January 1, 2024, HB 3733 requires employers with remote or traveling employees to provide specific information, either via email or prominently on their website or intranet.
Are Independent Contractors Covered Under Workers’ Compensation?
Independent contractors are generally not eligible for workers’ comp benefits in Illinois, as they are not considered employees.
What Types of Workplace Injuries Do Work-from-Home Employees Suffer?
Injuries that occur while working from home can range from minor to severe, and may include back injuries sustained slip and falls, repetitive strain injuries like carpal tunnel syndrome, and even car accidents if the remote employee is required to drive for work.
What Does Illinois Workers’ Comp Law Say About the Remote Worker?
The Illinois Workers’ Compensation Commission hasn’t provided specific guidelines for how workers’ compensation claim work-from-home injuries. However, employees injured while performing work-related tasks at home may still be eligible for compensation if the injury occurred during a work-related activities.
Is an Employer Required to Inspect an Employee’s Home Office?
Under Illinois workers’ compensation laws, there is no clear requirement for employers to inspect home offices. However, to mitigate potential liability, some companies choose to establish safety protocols and provide guidelines to employees for setting up a safe workspace at home.
What Are Illinois Workers’ Compensation Benefits?
Under the Illinois Workers’ Compensation Act, injured workers are entitled to benefits such as medical treatment, wage loss compensation, and disability benefits. These benefits cover medical expenses, compensate for lost income during recovery, and provide for long-term income loss and reduced earning capacity as well as death benefits.
What Is a Third Party Lawsuit?
Third-party liability claims differ from workers’ compensation claims. If negligence by someone NOT the employer caused an accident, they can be sued for damages like pain and suffering, lost wages, and medical bills. Workers compensation insurance doesn’t cover non-economic damages, so third-party lawsuits help achieve full compensation.
The Personal Comfort Doctrine and Work-from-Home Injuries
The personal comfort doctrine covers job-related activities for personal comfort, making injuries compensable.
Steps to Take Following a Work-Related Injury
If you’ve been injured while working from home in Illinois:
Report it to your employer immediately.
Document the incident, including the time, location, and specifics of the injury.
Seek medical attention; the medical record will be important evidence.
Your employer should then report the injury to their insurance company.
Consult a lawyer for legal advice to ensure your rights are protected.
What Is My Personal Injury Claim Worth?
Workplace injury lawyers assess the value of a claim by examining factors like injury severity, impact on work ability, medical expenses, and future care needs. If a third party caused the workplace accident, they also consider non-economic damages like pain, suffering, and emotional distress.
Call The Kryder Law Group, LLC Accident and Injury Lawyers Today
If you’ve been injured while working from home in Illinois, The Kryder Law Group, LLC can help. Our skilled workplace injury lawyers will guide you through the workers’ compensation process and fight for the compensation you deserve.
Contact us for a free consultation to discuss your case. Our goal is to protect the rights of all remote work employees.
Don't let your work-from-home injury go uncompensated. Contact The Kryder Law Group, LLC today for a free consultation.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Britt C.
Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!
(312) 223-1700