Workers’ Comp vs. Personal Injury: What Covers Remote Work Injuries?

Posted May 6, 2026

Working from home offers many benefits to employees, including greater flexibility, more time with family, and the option to work in casual clothing (even pajamas!). But what happens if you get hurt while working from home?

The workers’ compensation attorneys and personal injury lawyers at Lipsey & Clifford are here to explain everything.

What is Workers’ Compensation?

Workers’ compensation is the money your employer pays you if you get hurt at work through no fault of your own. The U.S. Department of Labor breaks down workers’ comp as payments that cover:

Wage replacement
Medical treatment
Vocational rehabilitation
Other benefits

When it comes to workers’ comp, Massachusetts is a no-fault state. This means you don’t need to prove that your employer was at fault in order to receive your compensation. Massachusetts law also covers injuries you received while performing job-related duties, regardless of location.

What is Personal Injury Compensation?

Personal injury compensation helps you get back on your feet after you’ve been hurt because of someone else’s carelessness or intentional actions. It covers:

Economic damages, including loss of pay, medical expenses, or property damage.
Non-economic damages, including emotional pain.
Wrongful death, which would be given to your loved ones in the case of your death.

Which One Am I Entitled To Receive?

Personal injury typically doesn’t cover getting hurt while working from home. If you get hurt in the course of performing your work tasks, you’d file for workers’ comp. Your employer’s workers’ comp insurance doesn’t cover injuries as a result of getting hurt outside of your scope of work.

Workers’ Comp vs. Personal Injury Comp At a Glance

	Workers’ Comp	Personal Injury
Eligibility	Proving you were injured while performing tasks related to your job.	Any injuries sustained outside of your work duties as a result of someone else’s negligence or intentional actions.
Benefits	Temporary total incapacity: 60% of your gross average weekly wage for up to 156 weeks. Partial incapacity: 75% of what your weekly total temporary benefits would be for up to 260 weeks. Permanent and total incapacity: 2/3 of your average weekly wage based on the 52 weeks before your injury, as well as annual Cost-Of-Living Adjustments (COLA) for as long as you are disabled. Other benefits: Medical, loss of function & disfigurement; money for your survivors & dependents; burial expenses.	Medical expenses: Including emergency room visits, surgeries, physical therapy, and X-rays. Lost wages: Up to 75% of your average weekly wage. Replacement services: including childcare and housekeeping.
Fault Requirements	You must be able to prove that you were injured while performing work-related tasks.	You must be able to prove that you were 50% or less at fault for the accident that caused your injury in order to be eligible for benefits.
Case Examples	Repetitive stress injuries (RSI) from overuse and repetitive movement of a muscle or body part.	A car accident while driving to a doctor’s appointment, even during “working” hours.

Home Office Workers ARE Entitled To Workers’ Comp

If you are injured at work, whether from carpal tunnel syndrome or a car accident while making deliveries, you are entitled to workers’ compensation. Let the workers’ compensation lawyers at Lipsey & Clifford, Attorneys at Law fight for your benefits.