Working from home has become common, but what happens if you get hurt while on the clock in your own space? In Virginia, remote employees can qualify for workers’ compensation benefits, but only if certain conditions apply.
What makes an injury compensable?
To receive workers’ compensation, your injury must both arise out of your employment and occur during the course of your work. That means the injury must be directly related to your job duties and happen while you’re performing them. For example, if you strain your back lifting work-related equipment or develop carpal tunnel from constant typing, those injuries may qualify. However, if you trip over your pet while getting coffee, that likely won’t count as work-related.
Proving a remote work injury
Unlike in-office injuries, remote incidents often lack witnesses. That makes your own account and any supporting evidence, like timestamps, emails, or video calls, especially important. Virginia law places the burden of proof on you to show that the injury happened while performing your job duties.
Employment status matters
Only employees are eligible for workers’ compensation benefits. Independent contractors typically are not covered. Even if you signed an “independent contractor” agreement, Virginia law may still consider you an employee based on how much control your employer has over your work.
Employer policies and safe practices
Employers are encouraged to establish clear remote work policies that define work hours, duties, and safety expectations. Following these guidelines can help support your claim if an injury occurs.
Remote workers can claim workers’ compensation, but only if the injury is clearly tied to your job duties and occurs during work hours. Keeping detailed records and following your employer’s remote work policies can strengthen your claim.
