COVID-19 FROM WORK

If you tested positive for Covid within 14 days of being at work, for a limited period of time you are presumed to have transmitted the disease from work. 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. This means it is very easy to obtain workers compensation benefits if you are an employee diagnosed with Covid-19. May 6, 2020, Governor Newsom issued Executive Order N-62-20. In order to utilize the easy standard of proof in this emergency legislation you do not have to be an essential worker. This California 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.

If You Believe You Got Infected with the Coronavirus at Work
CALL 909-663-2100 to Speak to an Experienced Employee Rights Law Firm to Determine What Actions You Should Take Against Your Employer. Workers Compensation Benefits may not be your Only Remedy.

The California law about becoming infected at work, which makes employers have to rebut the presumption the employee was infected with the Covid-19 at work, requires:

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.

[Images: claim for Coronavirus at work, compensation for Covid-19 from work ]

While this new workers compensation law applies to non-essential and essential employees, it does not apply to employees who have been working at home, and not entered their employer’s premises. However, if an employee came onto their employer’s premises to pickup or drop something off, this relaxed standard should apply. Regardless of whether there is a relaxed standard, employees 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.

WORKERS COMPENSATION BENEFITS FOR CORONAVIRUS (COVID-19)

The Governor’s Executive Order Executive Order N-62-20 presumes that Covid-19 was contracted at work until July 5, 2020. This employee rights law is helpful because it may have been difficult to prove the employee was infected with the Coronavirus at work. Under the California law covering diagnosis of Covid-19 between March 19, 2020 and July 5, 2020, employers can still rebut the presumption the employee was infected at work. Under normal circumstances, employers can claim a work injury was not suffered at work. 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. Experienced workers compensation attorneys will present evidence and argument concerning how the employee may have become infected at work. 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. Most claims will settle without trial.

Employers who attempt to rebut the fact Covid-19 was contracted at work will have difficulty doing so if the employee is an essential employee. High incidents of exposure exist for front line healthcare workers. The same is true for employees working in residential care facilities regardless of whether they are providing direct care. There have also been high incidents of exposure for grocery works and peace officers including fire fighters, police, and sheriffs.

CALL 909-663-2100 to Start the Compensation Process because You Were Exposed to or became Infected with Covid-19 in the California Workplace

CALIFORNIA EXECUTIVE ORDER N-62-20 LAW ABOUT COMPENSATION FOR COVID-19 INFECTIONS FROM YOUR JOB

It is easy to obtain workers compensation benefits if you came down with Covid-19 at work, and were diagnosed by a doctor between March 19, 2020 and July 5, 2020. 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 have to be diagnosed with the Coronavirus in California between March 19, 2020 and July 5, 2020. It is unknown whether the governor will extend this law. If you are reading this page after July 5, 2020 you are cautioned to contact our workers compensation lawyers at 909-663-2100 to find out the status of this law. Regardless of this law, you can still put in a claim for workers compensation benefits due to a Coronavirus diagnosis.

We are presently looking to speak to employees who think they came into contact with the Covid-19 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 termination cases.

Workers compensation claims for Coronavirus 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 1-909-663-2100 to speak to an experienced employee lawyer about your legal options if you were fired or exposed to the Coronavirus

We have offices in Ontario, Riverside, Downtown Los Angeles [link to article on subject], Sherman Oaks [link to article on subject], Torrance, Oxnard, and Bakersfield [link to article on subject]