Can You File a Workers Comp Claim if You Get COVID at Work?

Jun 1, 2021 | WC & Other Laws

Caught COVID at work?

Can You File a Workers Comp Claim if You Get COVID at Work? – We’ll discuss four things you’ll need in order to prove your claim and inform you on whether or not your claim is worth pursuing.

What happens if I’ve caught COVID from my workplace?

We wanted to talk about what happens if you’ve tested positive for COVID or if you feel like you’re starting to come down with the symptoms. Let’s say you’ve been working in a place that has experienced a recent outbreak, and now you’ve tested positive for COVID-19. You’ve contracted it from your workplace and now you’re wondering what is the next step. What are your rights? Will it be considered work-related? One of the big questions our clients ask is, “Will it be automatically covered by insurance?” Unfortunately, the answer is no. The insurance company will likely deny your claim and tell you that you didn’t get infected at work, but instead, you were exposed off of company time and at a different location.

How can I prove I’ve contracted COVID due to my employment?

As a worker, there are four things you need to do in order to establish evidence to support your claim that you were exposed to COVID at work or, alternatively, settle that you got sick from somewhere else.

Number one, get a list of all your fellow co-workers who came down with symptoms of COVID and got positive COVID-19 tests in the same timeframe that you did. The questions everyone asks when it comes to disease exposure are, “Who were you working with? Which room were you in, and did anyone else come down with the same problem?” If you are working in a room or a station and suddenly multiple people come down with COVID along with you, it becomes very hard to dispute the fact that you also contracted COVID at the same location at the same time.

Number two, make a quick list of everywhere you’ve been and how long you spent there in the last two to three weeks before you came down with symptoms. Again, the insurance companies and the employers have a duty to investigate whether or not you came in contact with COVID at work. They’re going to ask “Did you go to the raging parties or hang out in bars with lots of different people?” They’re going to want to know where you went.

Number three, keep track of all your medical expenses, especially the ones you paid for out of pocket.

Lastly, number four, track if you’re losing time from work because that gap in time from work may be covered under workers’ compensation.

Is a claim about COVID-19 even worth pursuing?

Sometimes a COVID claim just isn’t worth pursuing, whether or not it’s work-related. The reason is that many people who get COVID aren’t symptomatic. A number of them who do become symptomatic recover in about a week to two weeks, and then they’re done, and they are able to get all of that time paid for under some federal COVID unemployment benefit. Their medical care might get covered entirely due to federal or state programs covering COVID-19 health insurance.

In what cases should I keep pursuing a claim?

We would love nothing more than for you not to have a work injury and have no need to seek a claim. However, we’ve had workers who have never fully recovered from COVID, and we’ve had workers who have tragically passed away due to COVID. In a case like that, you’re going to want to consider your workers’ compensation rights and enlist the help of a law firm that cares about you and knows what they’re doing. That is where we come in.

Additional Resources:

What Happens if COVID-19 Forces My Employer to Shut Down While I’m Receiving Workers Compensation Benefits?

How We’re Working Hard and Safe for You During COVID-19

Tips for Successful Court Hearings by Video during COVID-19

Coronavirus and Worker’s Compensation – What if I Get Infected at Work?

Caught COVID at work? We can help –

We help people who have on-the-job injuries or on-the-job exposures, and we would be happy to talk with you and orient you on your rights so that you can make informed decisions. If you or anyone you know has been injured on the job, let them know they can call 303-780-7329 for help, or they can visit https://kaplanmorrell.com/ for more information.