Getting workers’ compensation for contracting an infectious disease can be a difficult task to accomplish. Trying to prove that you acquired Covid while working is hard to prove itself. However, since the start of the pandemic, states have passed legislation that makes it easier to file a claim for contracting Covid while on the job.
Workers Compensations Claims Process
Usually, the process for filing for benefits is a three-step process.
- Reporting your injury
- Filing the claim with your employer
- applying for adjudication of claim with the Workers’ Compensation Appeals board
Who Can File for COVID-19 Related Workers Compensation?
In the beginning stages of the pandemic, California passed legislation that allowed for all employees to presumably file for workers’ compensation benefits if they believed they had contracted Covid while on the job. Those same protections only apply to high-risk workers determined to be workers with a high risk of contracting covid while on the job and workplaces with a recorded outbreak of COVID-19.
These High-Risk Workers Include:
- Emergency medical employees
- Direct healthcare provider employees
- Providers for in-home geriatric and supportive care
- Custodians at healthcare facilities who may have contact with COVID-19
- Other healthcare facility employees
Timeline for COVID-19 Claims
Instead of the typical 90 days, if you have been designated as a high-risk employee, an insurance company only has 30 days to deny your claim for COVID-19 work-related illness. A requirement of this presumptive measure, you must first use any paid sick leave benefits that have become available to you before beginning to collect temporary disability benefits.
Covid Outbreaks in the Workplace
Suppose you have gotten sick on the job and don’t qualify for the Covid-19 protections for healthcare workers and first responders. Don’t fret because the state of California would presume that you have a work-related illness if you contracted Covid within 14 days of a reported outbreak at your workplace. An outbreak is defined as at least four out of 100 employees or less who all test positive within 14 days.
Getting workers’ compensation for contracting an infectious disease can be a difficult task to accomplish. Trying to prove that you acquired Covid while working is hard to prove itself. Since the start of the pandemic, states have passed legislation that makes it easier to file a claim for contracting Covid while on the job. If you have filed a claim for workers’ compensation and have been denied by your employer or by an insurance company. Don’t hesitate to contact our qualified Sacramento workers compensation attorneys to get the compensation you deserve.