Can Remote Workers in Florida Get Workers’ Compensation? What You Need to Know
Remote work continues to reshape the workforce in Central Florida, with recent data showing that nearly 25.2% of Florida’s workforce is working remotely as of 2024 — a trend transforming how, where, and when Floridians do their jobs. While working from home offers flexibility and convenience, it raises important questions about workplace protections: if you’re injured while performing your job duties, does Florida have remote workers’ compensation coverage that protects you? This article explains your rights as a remote or telecommuting employee, clarifies eligibility for work-from-home injury claims, and outlines the steps to protect your benefits if you’re hurt working outside a traditional office.
Your Guide to Remote Workers’ Compensation in Florida
Florida law requires employers, regardless of where their headquarters are located, to carry
workers’ compensation insurance
covering remote and telecommuting employees. This includes benefits for medical care, wage replacement, vocational rehabilitation, work-related mental health conditions, and death benefits. To qualify for a work-from-home injury claim, your injury must
“arise out of and in the course of employment,”
meaning it’s not about where you’re working, but what you were doing at the time.
What Qualifies as a Work-From-Home Injury Claim?
Work-from-home claims can be more complex than
traditional workplace injuries.
Because your home is your personal space, you must clearly show the connection between your injury and your job duties. For remote workers, this generally means:
- The injury happened while performing work-related tasks.
- It occurred during your scheduled work hours.
- There’s a clear link between the injury and your job responsibilities.
Common Workplace Injuries Under Telecommuting Workers’ Comp FL
- Repetitive stress injuries from typing or using equipment.
- Injuries occur while moving items necessary for work.
- Slips, trips, or falls while performing a work task in your designated workspace or moving between work areas.
Example: You slip and fall while carrying a box of work files from your home office to your car for a business meeting.
What’s Generally Not Covered Under Telecommuting Workers’ Comp in FL
- Injuries during personal activities (e.g., cooking lunch, exercising).
- Pre-existing conditions aggravated outside of work duties.
Key Legal Case Example: Sedgwick CMS vs Valcourt-Willians (2019)
In this case, a remote worker tripped over her dog while on a coffee break at home. The Florida First District Court of Appeal denied her claim, ruling the risk was not unique to her employment but a general household risk. This highlights that, for remote workers, the injury must be directly related to work, not just happen at home during work hours.
Navigating a Telecommuting Workers’ Comp FL Claim
If you’re injured while working remotely, Florida law requires you to report a workplace injury to your employer within 30 days. Here’s what to do:
Steps to Take After a Remote Workplace Injury
- Report the Injury Immediately. Notify your employer as soon as possible.
- Seek Medical Attention. Get care right away and tell your provider the injury is work-related. Keep all medical records.
- Document Everything. Create a clear record of the incident, your injuries, and their connection to your work duties. This is critical for a remote workplace injury rights claim.
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- Take photos of the injury and the accident scene (e.g., the hazard that caused your fall).
- Note the date, time, and details of how it happened.
- Save all communications with your employer.
Proving your claim may require extra documentation if there are no witnesses.
3 Common Challenges You May Face & How to Overcome Them
- No witnesses to the incident.
- Insurance companies are skeptical about whether the injury is work-related.
- Difficulty proving the injury occurred during work hours.
How to Strengthen Your Case?
- Maintain detailed logs of your work activities and hours.
- Ask supervisors to confirm your schedule and tasks.
- Save emails, chat records, and video call logs showing your work activity.
What If Your Claim Is Denied?
If your claim is denied, request a formal review from your employer’s insurance company. If that fails, you have two years to file a Petition for Benefits with the Florida Office of Judges of Compensation Claims.
The Frank Eidson Difference – Results-Driven Legal Guidance for Remote Workers
Don’t let the complexities of a work-from-home injury claim in Florida overwhelm you. At Frank Eidson P.A., we’re dedicated to helping you, whether you’re injured on-site or remotely, secure the compensation you deserve. For results-driven legal guidance tailored to the nuances of remote workers’ compensation in Florida, contact us at 407-245-2887 or visit our contact page for a free, no-obligation case review.