Can You Get Workers’ Comp for COVID-19?

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Attorney Sarah E. Stottlemyer | 888-981-8971 | Free Consult

“…literally thousands of [COVID-19 victims] dying before [nursing home employees’] eyes as a result of this virus. I think that it very likely could soon be a compensable injury as far as this goes, where generally it’s been found not compensable.”

If you’ve been sick with the coronavirus a.k.a COVID-19, can you get workers’ comp if you’ve missed work due to infection? Can workers’ comp address the emotional stress and anxiety faced by essential workers?

Sarah E. Stottlemyer, a partner at Stottlemyer & Associates, LLC, says that her firm is currently handling workers’ comp claims for medical personnel and first responders who cannot work due to infection. If you’ve suffered any sort of work-related injury or disease, you can get answers by scheduling a free consultation with a workers’ comp attorney.

To learn more about receiving workers’ comp for COVID-19, contact the attorney directly by calling 888-981-8971 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From Sarah E. Stottlemyer:

Current delays and closures in the court system due to the current COVID-19 health crisis is unintentionally taking pressure off many employers who may otherwise have been required to provide workers’ comp to their employees. Despite closures of in-person locations, you can still contact an attorney via phone, email, and video call services.

First-responders and medical personnel could qualify for workers’ compensation as a result of contracting COVID-19.

If a first-responder or medical personnel worker contracts COVID-19 in the course of their job, that may qualify for workers’ comp because it would be considered a work-related injury. However, it should be noted that many states have an Occupational Disease Statute, which says an injury is compensable only if the person who contracted it was not similarly exposed to it outside of work. This is why qualifying for workers’ comp due to COVID-19 is currently very case-specific and you should contact a workers’ comp attorney if you think you have a claim.

Stottlemyer recommends documenting everything and informing your employer immediately if you suspect you have contracted COVID-19.

In order to prove that you contracted COVID-19 in the course of your job, it’s important to document everything regarding the sanitization and exposure you were subjected to at work. It’s important to record when the symptoms began as well as the diagnosis, and to write down everything as you remember it so the facts aren’t later mixed up when you try to qualify for workers’ comp.

If you are only sick for a week or two, trying to get workers’ comp probably isn’t a good use of your time.

Filing for workers’ comp is a lengthy process and if you have already recovered by the time the benefits are approved, you’ve gone through a lot of effort and headache for little reward. If you have to be hospitalized or take significant time to recover this is when filing for workers’ comp could be beneficial.

Inform your employer or human resources (HR) department immediately after you start to feel sick or a work-related injury occurs.

Your employer or the HR department will report the illness or injury in a workers’ comp claim to begin the process of activating your workers’ comp benefits. It’s a good idea to request a copy of the report for your own records.

Contacting an attorney to help with your workers’ compensation claim is strongly recommended.

If you are a first-responder or medical personnel member who is sick due to COVID-19, or any type of employee suffering from a work-related injury, contact a workers’ comp attorney to find out what your rights are and what compensation you may be eligible for. In the future, anxiety and PTSD due to working under the risk of contracting COVID-19 may be compensable for essential workers.

Stottlemyer predicts many jobs will begin to offer work-from-home options in the future.

This could present interesting dilemmas regarding what injuries are or are not compensable as employers have to figure out how to decide what injuries could occur at home specific to your job duties versus your personal life living in your home. Additionally, telehealth appointments are likely to become more common rather than in-person doctor visits to have workplace injuries/illnesses examined. Additionally, mediation and court proceedings may also be moved to more virtual platforms in the future as society seeks to maintain a new level of safety regarding COVID-19 and similar threats.

To learn more, contact Sarah E. Stottlemyer directly by calling 888-981-8971 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.