Proving the Injury
Proving the Injury
By: Ali R. Baghdadi, Esq.
May 7, 2020
The Michigan Workers’ Compensation Act applies toanyone who is injured within the course and scope of their employment. To qualify for benefits, the injury must have happened while the employee was doing work for the employer;the location is less relevant. Most injuries that occur on the job are covered by workers’ compensation insurance, including accidents and illnesses caused by exposure to work activities, materials, and equipment.
In general, workers’ compensation must accept claims for employee injuries or illnesses that arise out of, and in the scope of employment, no matter where the injury occurs. As soon as an employee suffers an occupational injury that is covered by workers’ comp insurance, time is of the essence. The employee has a limited number of days to report the incident and collect benefits.
If an at-home employee suffers an injury such as a slip and fall while performing a work-related activity, he or she has every right to file a claim. Employees working from home face obstacles in proving their injury was work-related. For instance, they must prove when and how the injury occurred. Injury in the work place is much easier to prove, as there will likely be security camera footage, and/or co-workers that are witnesses to the incident. This makes the claim much easier to prove that an injury did occur.
It is common for employers to push back and refuse to pay any benefits. Employers will likely argue that because they do not have control over the work-at-home environment, they should not be liable to pay any worker’s compensation benefits. For example, an employer can provide safe workstations to help prevent injuries. Unfortunately, employers have no way of knowing the working conditions of someone working remotely.
In the best-case scenario, your workers’ compensation claim will be processed in a prompt manner and you will receive all of the proper compensation for your injury.