Is a Workers Comp Attorney Needed During the Pandemic?

Are you questioning if a workers comp attorney would be beneficial, especially if you’ve been directly affected by COVID-19 at your workplace?

Read the details here.

Introduction

The world around us has changed so drastically since the COVID-19 entered our lives. Once upon a time, walking into the office ready to face a new day was no big deal. Now? Social distance, masks, and hand sanitizer are necessities just to get through the day. That is if going to the office anymore is an option at all.

So, what happens if you find yourself infected with COVID-19 – and your trace for infection brings you back to the workplace?

Claims for workers’ compensation have skyrocketed since the pandemic appeared. California businesses, attorneys, and court systems have been bogged down with claim after claim – from those in the healthcare, retail, government, manufacturing, and public safety industries.

Are these cases approved? Are they being denied? How does the pandemic impact workers comp? Is a workers comp attorney needed during the pandemic?

What is Workers Comp?

Workers comp (a.k.a. worker’s compensation) has been around for many, many years. Since the 1910’s to be exact. It is the oldest form of social insurance available and it comes from the idea that employees should be cared for should they become ill or injured on the job. This could be a one-time incident or repeated exposure.

These benefits come in five ways:

• Medical care – This is paid for by your employer so that you can recover from a work-related illness or injury.
• Temporary disability benefits – Payments to help you get by while you recover from a work-related illness or injury that prevents you from doing your job.
• Permanent disability benefits – Payments to help you get by if you don’t recover completely from a work-related illness or injury that prevents you from doing your job.
• Supplemental job displacement benefits – This comes in the form of vouchers that will help you pay for training or skills if you do not recover from a work-related illness or injury.
• Death benefits – Should you die from a work-related illness or injury, this benefit is paid to your spouse or family.

The Impact of Coronavirus on the Workplace

The pandemic has had a severe impact on all sorts of businesses. Many have been shut down indefinitely, others continue to operate with certain social distancing and sanitizing practices in place. Some employees are given the option of working from home, while others who are classified as essential workers must appear in the workplace regularly. Then, of course, there are those businesses who continue to operate – business as usual – with few, if any, alterations, leaving the primary safety responsibility up to the worker.

Truth is, so much of this has been put into place quickly without precedence. Some businesses did things right. Others not so much. Either way, though, every workplace has been impacted – and that most definitely includes the workers themselves.

Some have fallen ill due to work, others have not. Some have passed away due to contracting COVID-19 while at work, others have not.

Thankfully, workers comp is a constant that is there to help.

What You Need for a Workers Comp Case in California

For those who have tested positive for COVID-19 and are considering filing for workers comp in, you must have suffered energy or contracted an illness during employment that either led to the need for medical care or disability. This is not something that requires the employee to prove it is the employer’s fault or due to negligence. Things like the common cold or the flu that keep you from doing your job often don’t fall under workers’ compensation because they can be caught anywhere – either from a co-worker or from a fellow shopper at the local grocery store. So, what does that mean for COVID-19?

With the current guidelines – and the coronavirus’ community spread – it appears that this should be considered in a way similar to that of the cold and flu, doesn’t it? However, employers should take into consideration if the work conditions increased the risk of contracting the virus or whether the work conditions could aggravate the condition. Essential workers and first responders seem more likely to have a justified workers comp claim as they have the chance to be constantly exposed while at the workplace.

More details are being addressed to make this easier for all parties involved to determine.

Temporary Rules Enacted for the Pandemic

As we deal with the impacts of this pandemic, we have been faced with unprecedented situations. Our government has had to act fast to put new orders in place to accommodate the current situation. Governor Newsom quickly signed an executive order allowing those who are working from home due to shut down to qualify for benefits.

See, occupational diseases and illnesses that are contracted on the job are normally not so difficult to prove. Those who fall under the classification of essential workers are also less likely to have difficulty proving their case. But, for those who were working in the office, but were then required to shelter in place – at home – how do you prove you were infected with coronavirus while at the workplace? Combine this scenario with a virus we are only learning about it, it’s a difficult situation, though one that needs addressing.

Therefore Governor Newsom’s executive order states that if you were working diagnosed or tested positive for COVID-19 within 2 weeks after being in the workplace or on a job site, then it may be presumed your illness is work-related. Due to its incredible power of community spreading, this new temporary rule helped thousands upon thousands of workers.

Worthy of note, this temporary order also eliminated the normal waiting period for many benefits.

Talk to an Attorney

When it comes to workers comp – and the current climate – every case is going to be different and there will likely be many questions and concerns. Your health and safety are important, but so is your need to earn income.

If you find yourself injured, ill, or with a positive COVID-19 test result, it is best to speak to an attorney to make sure you know your rights – and to ensure that the temporary orders enacted during the pandemic are adhered to.