Did you know that, according to demographic data published by the U.S. Bureau of Labor Statistics in 2024, more than 35.5 million people worked remotely, accounting for nearly 22.9% of the total U.S. workforce in the first quarter of 2024?
With rapid technological advancements over the last decade—accelerated by the COVID-19 pandemic—working from home and providing project-based services has become easier than ever. Today, remote job workers, gig workers, and independent contractors are a normal and essential part of the U.S. workforce.
But what happens if you are injured while working from home, a café, or even while working remotely from a vacation destination?
Can you file a personal injury claim—and if so, how?
The answer largely depends on how your employment is classified under U.S. law. Whether you are considered a remote employee or an independent contractor determines your legal remedies and compensation options.
This expert guide by Rathee Law Firm explains:
A remote job worker is someone who performs work from a location other than a traditional office—such as a home, café, or co-working space.
However, U.S. law does not recognize “remote job worker” as a separate legal category. Instead, employment status is determined by the nature of the relationship between the worker and the employer.
A remote job worker may fall into one of the following categories:
Although the terms remote job worker and independent contractor are often used interchangeably, they are not the same under federal law.
If an employer has the right to control how, when, and where the work is performed, the worker is typically considered an employee, even if they work remotely.
According to the Internal Revenue Service (IRS), an independent contractor is someone engaged in an independent trade, business, or profession who offers services to the general public.
Common examples include:
In most cases, independent contractors:
Unlike employees, independent contractors are generally not covered by Workers’ Compensation insurance.
Worker misclassification—especially among remote workers—has become a growing problem across the United States. Each state applies different legal tests to determine whether a worker is an employee or an independent contractor.
California uses the ABC Test, which examines whether:
Failure to meet all three criteria means the worker may be misclassified.
Misclassification can severely impact an injured worker’s ability to seek compensation. If you are injured while working and wrongly labeled as an independent contractor, you may be unfairly denied Workers’ Compensation benefits.
⚖️ Legal Tip:
If you believe you have been misclassified, a personal injury lawyer can help evaluate your employment status and legal options.
In the U.S., injured workers typically pursue compensation through either:
Which option applies is not a choice—it depends on your employment classification.
A personal injury claim requires proving:
These claims can compensate for:
Workers’ Compensation is a no-fault system available to most employees and covers:
Remote job workers who are considered employees are generally covered under Workers’ Compensation if the injury occurs “out of and in the course of employment”, even while working from home.
Common remote work injuries include:
A remote job worker may file a personal injury claim if a third party (not the employer) caused the injury.
Example:
If a defective chair supplied by a third-party vendor causes injury, the worker may file a personal injury claim against the manufacturer or supplier.
Independent contractors are not covered by Workers’ Compensation. Therefore, their primary legal remedy after a work-related injury is filing a personal injury claim.
In these cases, the injured contractor must prove negligence and liability.
If misclassification can be proven, the contractor may become eligible for Workers’ Compensation benefits.
If your injury involves third-party negligence, follow these steps carefully:
⏰ Deadline Alert:
In California, most personal injury claims must be filed within two years from the date of injury.
Personal injury laws are complex—especially for remote workers and independent contractors. A skilled attorney can:
The experienced legal team at Rathee Law Firm provides strategic, client-focused guidance to protect your rights and secure fair compensation.
As remote work and independent contracting continue to grow, understanding your legal rights after a work-related injury is more important than ever.
Knowing the difference can make all the difference in your recovery and compensation.
If you have been injured while working—whether remotely or as an independent contractor—Rathee Law Firm is here to help you understand your legal options and protect your rights.
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