Ever since the Coronavirus (COVID-19) has become an everyday factor in our lives, we have received a number of questions regarding the interplay between Coronavirus (COVID-19) and Workers’ Compensation.
Because the virus is so prevalent in the general population, workers’ compensation insurance carriers are very likely to deny claims for worker’s compensation based on contracting the Conoravirus.
As you’ll see with each of the questions listed below, with proper medical evidence you can pursue a claim that will most likely end up being processed in front of a worker’s compensation judge.
Q: If I’m working light duty because of a work injury and I’m laid off because my employer was forced to close due to Coronavirus, should I receive worker’s compensation benefits or unemployment compensation benefits?
A: Under these circumstances, if you lose your light-duty job because of a Coronavirus shutdown, you would be entitled to have your worker’s compensation benefits reinstated. Under this scenario, unemployment compensation benefits should not be pursued. If your employer tries to get you to apply for unemployment compensation, this would not be appropriate.
Q: Can I get Heart and Lung benefits as a police officer if I continue to be exposed to the public and develop Coronavirus?
A: The short answer to this question is yes if you have medical evidence that conclusively establishes that you contracted Coronavirus (COVID-19) during the course of your employment. However, it should be noted that proving this can be very difficult. If this can be established, then yes, Heart and Lung Benefits can be pursued.
Q: I am a nurse working at a local hospital. If I develop Coronavirus (COVID-19) can I collect workers’ compensation?
A: Like anyone who works with the public, it may be difficult to prove where you contracted Coronavirus. However, if you have medical evidence that can conclusively prove that you contracted the virus performing duties requisite to your employment, then you would be able to pursue a workers’ compensation claim.
Q: I am on workers’ compensation benefits at the present time. I am taking medication that has weakened my immune system. If I develop Coronavirus, can I get the medical treatment for my Coronavirus covered as part of my workers’ compensation claim?
A: Under such a scenario, medical treatment for your Coronavirus could be covered under your workers’ compensation claim if you have medical evidence to support your claim. The medical evidence would have to establish that because of your work injury your immune system was compromised which made you more susceptible to the Coronavirus.
Q: What happens if I get Coronavirus (COVID-19) from a co-worker?
A: You can pursue a workers’ compensation claim if you can prove that you contracted Coronavirus from a coworker. Again, medical evidence would need to show that you conclusively developed the virus from your coworker while working.
If you’ve experienced any of the scenarios listed above, or have questions about Coronavirus (COVID-19) related to your employment, please give us a call for a free consultation at 724-225-9130.