Claiming Workers’ Compensation During Covid-19
July 18, 2021
Workers’ Compensation Lawyer
It’s been over a year since the first quarantine mandates were issued and it’s been a few months since restrictions have started to lift (with conditions). One thing is certain though, the wave after wave of worker’s compensation claims relating to Covid-19.
Ordinarily, occupational disease that arise out of and in the course of employment are covered by worker’s comp, but the compensability of Covid-19 sits on the fence as some statutes exclude ordinary diseases of life. Say for instance, you can be compensated for the development of a respiratory disease due to the inhalation of silica particles in a marble cutting occupation, but you can’t be compensated for getting a common cold. Some states don’t have this exclusion so it varies from state to state. That said the big question then becomes, does Covid-19 qualify as an “ordinary disease of life” especially since you’re more likely to contract it being in contact with other people in the workplace?
To define the lines a bit more, the factor of the degree of one’s possible exposure to Covid-19 is also considered. A claim by an individual with a job working in healthcare will have more weight than a person who works alone and at home, but even then there’s no guarantee that you’ll be compensated.
Statically, out of the claims regularly submitted, between a third to one-half of all claims get denied depending on the state. A few of these denials get disputed so even though there’s a decent 50%-65% chance that your claim will go through, it seems people are discouraged from following through with legal action.
The major game changer that is driving these new claim avalanches is the delta variant which is discouraging people from returning to work given its significantly severe symptoms and infection potency. The problem for those making these new claims is that like most personal injury cases they’re being backed up by all of the existing cases that have yet to be processed because agencies believe that they can wait it out to where the client will be less determined to follow through on their claim; much like the aforementioned example.
So are you eligible for compensation? Ultimately, the answer is maybe as statutes vary from state to state. So if you’re considering filing a claim, you should seek out the counsel of a workers’ compensation lawyer, such as one from Hurwitz, Whitcher & Molloy to see if you have a chance.
