While an employee working from home was considered a rarity as recently as ten years ago, advancements in technology have led to a dramatic shift in the work environment over the past decade. In fact, American Community Survey found that the number of people telecommuting rose 79 percent between 2005 and 2012, which accounts for nearly 30 percent of the entire workforce. With growth figures like these, it stands to reason that more than half of all employees could be working in a virtual office in the not so distant future.
With such a major transformation in the workplace, we’ve reached a point where many laws developed for the traditional work environment have to be analyzed from an all new perspective. One area of law where this has certainly been true in recent years is that of Workers’ Compensation.
Workers’ Compensation is a “no fault” insurance program that provides monetary benefits to employees who suffer job-related injuries or illnesses. It also provides death benefits to dependents of workers who have died as a result of their employment. An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot file a lawsuit against the employer for pain and suffering or other damages, except in cases of intentional acts.
Workers’ Compensation laws that focus on employees getting injured in their employer’s office, factory, etc., must now be considered for those hurt in their virtual office as well.
While this is certainly a fairly new application of workers’ compensation that is still being sorted out, one thing is clear in New Jersey and around the country, the law does in-fact extend to the virtual workplace. If you are injured while performing your job, you should immediately consult with an experienced workers’ compensation attorney, as you indeed have rights as an employee regardless of where that work is being done. Many employers are unaware of their workers’ compensation insurance requirements when it comes to their virtual employees, so getting professional legal advice is recommended.
New Jersey’s premier workers’ compensation attorneys are available to discuss these laws as it pertains to you and answer any questions that you may have. Whether you work from your employer’s office, your home office or a booth in a New Jersey diner, you have rights and Mintz & Geftic will fight for you!
New Jersey and New York Workers' Compensation Attorneys
We give personal attention to all of our clients. If you or a loved one has been injured while working, call us today at 908-352-2323 or send us email by clicking here to evaluate your case.
Our workers compensation attorneys serve clients throughout New Jersey and New York, including the cities of Newark, Elizabeth, Jersey City, Hackensack, and Morris, Bergen, Hudson, Union and Middlesex counties. We have offices in Elizabeth, New Jersey and New York City.