The Covid-19 pandemic has, without a doubt, affected the majority of Californians. Many people have lost their jobs or have had their working hours greatly reduced. The federal and state governments have implemented a number of programs to offer relief to those who have been affected. For example, the federal government sent out a stimulus check to eligible individuals. Likewise, eligibility requirements for state unemployment benefits have been temporarily expanded to aid more people; unemployment insurance recipients have also been granted additional money each check.
While many employees that were deemed non-essential have been unemployed, essential employees have continued to work – and they are often at risk of contracting the virus. Even when sick, essential workers did have access to much assistance – besides using any sick time that they might have accumulated during their time working. This recently changed.
On May 8, 2020, California entered Stage 2 of the plan to reopen the state. Along with this, Governor Newsom issued an executive order allowing employees who have contracted coronavirus to collect workers’ compensation benefits. The executive order applies to employees who have been infected with the novel coronavirus as a direct result of their employment. However, affected employees must meet certain criteria to be eligible to recover workers’ compensation. Consider the following requirements:
- Employees must have had a positive coronavirus test result within 14 days of employment at their workplace.
- Employees must have been affected either on or after March 19, 2020.
- Employees must not have worked from home.
- Employees must have received a diagnosis from a licensed physicians/surgeon on the California Medical Board.
- Employees must have received additional testing confirming the diagnosis up to 30 days after being affected.
Eligible employees have 60 days (from the date of the order) to take action and file their workers’ compensation claim to start receiving benefits. Possible benefits include coverage for hospital feels, treatment costs, temporary/permanent disability pay, and even death benefits (in cases where the employee dies).
Essential Employee Exposure to Covid-19
Although many businesses were ordered to close and many employees lost their jobs, businesses deemed essential have remained open. Essential employees have worked throughout the pandemic, ensuring that the rest of us have access to necessary goods and services.
Essential businesses include hospitals, grocery stores, and restaurants (pick-up and delivery only), among others. The employees at these essential businesses are often in contact with the public – whether they are dealing with patients, customers, or delivery personnel.
Although these essential businesses were required to enforce certain safety requirements, such as putting up signs, requiring facial coverings to enter, and practicing social distancing, for example. However, these safety precautions have proven to not be enough to keep employees safe.
At these essential businesses, employees are in constant contact with one another; they are also in constant contact with the public. This means that they are at greater risk of becoming infected. Unfortunately, many essential employees have been exposed to the virus and have gotten sick.
About Workers’ Compensation
Workers’ compensation is typically available for employees who get injured on the job. Traditionally, workers’ compensation covers things like fractures, sprains, or injuries from repetitive motion. However, because of the governor’s order, employees who contract coronavirus can apply for workers’ compensation and receive benefits.
Affected employees could you be eligible to receive some of the following benefits:
- Medical costs – for the cost of all treatment associated with the work-related injury (including ongoing treatment, medication, follow-up care, etc.)
- Temporary disability benefits – covers two-thirds of wages if a doctor determines that the employee cannot work for more than three days (consecutively)
- Permanent disability benefits – covers partial wages given that the employee cannot return to work
- Supplemental Job Displacement benefits – typically this would include training options; however, under the governor’s executive order, eligible employees would receive a $6,000 voucher to cover state public schools or accredited training programs (to help employees get the tools necessary to get another job)
- Death benefits – awarded to family members (if the employee dies) to cover burial fees; this also covers a specific monetary amount depending on the amount of dependents
Filing a Workers’ Compensation Claim
Filing a workers’ compensation claim is generally a straightforward process. However, employers and their insurance companies can complicate the process and make it difficult for employees to receive the benefits that they are owed. Employers often claim that the harm suffered is unrelated to the workplace. They could also fail to submit forms on time or purposefully ignore deadlines. This can significantly delay the process. Employers could do many things to create obstacles to prevent employees from getting their benefits; when difficulties arise, legal assistance becomes necessary.
By hiring an attorney to handle your workers’ compensation case, you are ensuring that your claim is taken seriously. Your attorney will deal with the workers’ compensation insurance directly and ensure that you receive the benefits that you are owed. In some cases, dealing with the workers’ compensation insurance is not enough – and a lawsuit is necessary. In these cases, your workers’ compensation attorney will have to sue to ensure that you recover the benefits that you deserve.
Contact Normandie Law Firm Today
Did you get coronavirus in the workplace? If so, you might have grounds to file a workers’ compensation claim. If you find that you need the assistance of an attorney, do not hesitate to contact the experts at our firm at your earliest convenience. At Normandie Law Firm, we understand that the majority of people have been impacted by the coronavirus in one way or another. If you are in need of legal assistance, you can trust our experts to provide you with the guidance that you need to reach a successful claim outcome.
When you contact our firm, you will find that we offer free legal services, which include free consultations and free second opinions. During our free legal services, our lawyers will be available to answer all your questions and address all your concerns – providing you with all the information that you need to start or continue your claim. To benefit from our free legal services, do not hesitate to contact our firm today.
Our free legal services are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients will not be required to pay any upfront legal fees for any of our legal services. Because our firm is also based on a strict contingency structure, our clients will not be required to pay anything until after reaching a positive claim outcome.
If you are ready to discuss your current situation with the experts at our firm, do not hesitate to contact our law firm at your earliest convenience. Our experts are ready to evaluate your claim and help you recover the compensation that you deserve.
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