Working from home does not mean you are no longer at risk of injuring yourself. In Ohio, you may be able to receive financial compensation to help you make up for medical bills and lost wages – so long as you can prove that the injury is related to your job.
Proving your injuries are work-related
Ohio law covers only injuries that you receive “in the course of” and “arising out of” your employment under Ohio Revised Code Section 4123.01(C). If you are unable to meet both of these requirements, you may lose your claim.
“In the course of” examines the time, place and the circumstances of an injury. You must show that you injured yourself during work hours and while you performed a job duty or something reasonably related to it.
On the other hand, “arising out of” examines the cause of an injury. You must be able to show a clear link between your work and the risks leading to the incident. To determine whether or not your injury meets these requirements, Ohio courts often review factors such as:
- The location of your workplace at home
- Your employer’s degree of control over the workplace or your activity
- Whether or not your activity can benefit your employer
When you work remotely, control becomes harder to prove because your employer does not manage your home. You may still succeed in your claim, but to do so, you must prove that your job created the risk.
For example, you may have a strong claim if you trip over the cord of your work laptop during a scheduled video meeting. You may also have a valid claim if you slip while carrying work documents to a printer that you use for your job. In both cases, your task must serve your employer. Generally, you can strengthen your claim by:
- Documenting the task: Write down what you were doing, why it served your job and who assigned it
- Confirming the timing: Save calendar invites, call logs, emails and app activity that show you worked at the time
- Taking a photograph of the scene: Take clear pictures of cords, rugs, spills, lighting and the layout of your workplace
- Reporting the injury right away: Notify your supervisor and follow company policy
Seeking medical care: Tell the provider exactly what work task you performed and keep all records
Clear and consistent facts help you prove that your job, not your personal life, is what caused the injury. If you cannot prove that your injury is work-related, you are less likely to win the claim and receive financial compensation.
How does the personal comfort doctrine apply?
Ohio follows the personal comfort doctrine, which is a rule that permits you to take short, necessary breaks during the workday without leaving the course of employment. Using the restroom, getting water or stretching often falls within this rule.
However, the doctrine has limits. Your break must stay brief, reasonable and related to sustaining your workday. Courts also look at whether the activity indirectly benefits your employer by allowing you to continue working.
If you slip while grabbing water between calls, you may show that you remained in the course of your employment. On the other hand, if you fall while doing laundry or mowing the lawn during your shift, you will likely step outside the scope of your job. You can protect yourself and your claim by:
- Keeping breaks short and close to your workstation
- Avoiding household chores during work hours
- Preserving timestamps, chat messages or calendar entries that show a brief pause between tasks
The more relevant or beneficial your activities are to your job, the stronger your claim can become. Bear in mind that courts examine each case individually, which means outcomes are not uniform and circumstantial evidence can affect your ability to receive financial compensation.
Protecting your remote work injury claim
When you work from home, you must prove that your injury occurs in the course of and arises out of your employment under Ohio Rev. Code § 4123.01(C). You need clear evidence that ties the risk and the activity to your job.
If you want to protect your workers’ compensation claim, you need to act quickly. Gather evidence and take note of lost wages and medical expenses. The key to strengthening your claim is presenting solid proof that your injury is related to your job – and the stronger your claim, the more likely you are to win.