CORONAVIRUS WORKERS COMPENSATION

For a limited period of time employees diagnosed with Covid-19 are presumed to have transmitted the disease from their employers. There is a rebuttable presumption that California employees diagnosed with the coronavirus between March 19, 2020 and July 5, 2020 contracted the disease at work. On May 6, 2020, Governor Newsom issued Executive Order N-62-20. This emergency legislation provides that an employee's COVID-19 related illness is presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits so long as a series of criteria are met. There are several criteria and exceptions to be aware of.

If you Believe you Got Infected with the Coronavirus at Work Call 1-877-525-0700 to Speak to an Experienced Employee Rights Lawyer to Determine What Actions you Should Take Against Your Employer. Workers Compensation Benefits may not be Your Only Remedy.

The special law about becoming infected at work, which makes employers have to rebut the presumption the employee was infected with the Coronavirus at work, comes into play if:

1. On or after March 19, 2020 the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment in California that was not the employee’s home at the employer's direction;

2. A doctor made the diagnosis of COVID-19 and it was confirmed by further testing within 30 days of the date of the diagnosis.

This new workers compensation right does not apply to employees who have been working at home, and not entered their employer’s premises. However, if an employee entered their employer’s premises to pickup their check, or drop off papers this relaxed standard should apply. Regardless of whether there is a relaxed standard, employees do have a right to seek workers compensation benefits if they believe they got infected with a disease at work, or they are overly stressed out because others in their workplace did and they are worried they might be infected too.

EXECUTIVE ORDER N-62-20 WORKERS COMPENSATION BENEFITS FOR CORONAVIRUS

The Governor’s Executive Order that it is presumed that Covid-19 was contracted at work, until July 5, 2020, can be rebutted by the employer with evidence. This does not mean the employee will not win. It merely means the employee’s claim about how they were exposed might be disputed by the employer. For example, if the employee’s wife was sick with the Coronavirus a week before the employee began exhibiting symptoms and was tested the employer may try to prove the employee became infected by his wife who did not work at the employer. An experienced workers compensation lawyer will present evidence and argument concerning how the employee may have become infected at work. In other types of work injury cases, employers often dispute the claim, and it is the workers compensation attorney’s job to prove the case as lawyers do in other areas of the law.

In the California workers compensation system employers always have the right to dispute that the work injury was caused by the workplace. Hopefully some employers and workers compensation insurance companies will save their efforts for things other than disputing that an employee became infected with the Coronavirus at work. Others may try to rebut the presumption by claiming the employee became infected in the community outside of the workplace. The employer will have 30 days to dispute the claim. This is shorter than the normal period of time an employer has to dispute a work injury claim. Whether employers will have enough evidence to prove the employee became infected by general community spread is unclear. This is why many of the disputed workers compensation claims will probably settle before trial.

CALL 1-877-525-0700 TO START A CLAIM AGAINST YOUR EMPLOYER BECAUSE YOU THINK YOU GOT INFECTED WITH COVID-19 IN THE CALIFORNIA WORKPLACE

EXECUTIVE ORDER LAW ABOUT COVID-19 INFECTIONS AT WORK

The California Governor’s executive order creates a presumption employees diagnosed with Covid-19 March 19, 2020 until July 5, 2020 were infected at work if the employee was reporting into the workplace within a 14 day before of their diagnosis. This special law is set to expire. The expiration of this law does not mean you cannot file a claim after July 5, 2020. It merely means you had to be diagnosed with the Coronavirus in California between March 19, 2020 and July 5, 2020. It is presently unknown whether the governor will extend this law.

We are looking forward to talking to employees who think they came into contact with the Coronavirus at work. Employees who were forced to work with infected employees may be able to file work stress cases [link to a case about work stress] even if they were not infected. Job terminations due to complaints about a lack of safety equipment, or required work during the Covid-19 epidemic may also lead to wrongful termination cases [link to a wrongful termination page].

Workers compensation claims for COVID-19-related illnesses are eligible for all benefits applicable under the workers’ compensation laws of California including full hospital, surgical, medical treatment, disability indemnity, and death benefits. The employee should be eligible for short term and long term disability under the workers compensation system. Employees are strongly encouraged to obtain a workers compensation attorney. Merely because a claim is not denied by the employer does not mean the workers compensation insurance company will not try to take advantage of the employee in negotiations and lowball them. Without an experienced workers compensation law firm behind the employee, it is exceedingly likely long delays will occur in payment if they are able to go about the workers compensation process themselves which is unlikely.

Call 1-877-525-0700 to speak to an experienced employee lawyer about your legal options if you were fired or exposed to the Coronavirus

Images: Sue for Covid-19 Infections at Work, Executive Order About Coronavirus Infection at Work