What if your COVID-19 contagion is work related?
Receiving workers compensation for COVID-19 is possible if you can show that your exposure and contagion was work related.
What types of facts would substantiate a claim?
The New York Workers Compensation Board decides the outcome of COVID-19 claims. The first step involves the workers compensation insurance carrier, which could accept or dispute your claim. However, even if disputed, when you contest the claim denial, a workers comp judge would listen to your testimony and also that of your medical provider. The judge would determine whether exposure occurred at work. An important factor would be whether the work environment resulted in prevalent COVID-19 exposure.
Examples of work environments that could lead to COVID-19 claims
Workplaces where employees have worked closely with the public could lead to coronavirus exposure.
Examples of such work environments include:
- Heath care workers
- First responders
- Transportation workers
- Corrections officers
- Food service workers
- Retail workers
Information to provide in a claim
When filing a claim you would want to include all the details about where you work and your work schedule. You should also describe the duties you performed and what contact you had with the public. An authorized workers compensation medical provider should provide a medical report that states your illness resulted from work. You should include evidence of a positive test result or the medical provider’s report indicating diagnosis through PCR test or through a treating physician examination.
Types of compensation you can receive
Benefits you can receive include:
- Compensation for medical treatment for your work-related illness or injury
- Wage replacement benefits if the illness prohibited you from working
- In the event of death, benefits to surviving dependents
- New York City, Nassau, Suffolk, Rockland and Westchester counties provide reimbursement for funeral expenses up to $12,500. Other New York counties cover up to $10,500.
Discuss Workers Compensation for COVID-19 with an Experienced Attorney
If you became seriously ill or have lost a loved due to work related COVID-19 contagion, consult with a lawyer. We can arrange a free consultation with one of our attorneys at Sackstein, Sackstein & Lee, LLP.