Am I Entitled To Workers’ Compensation Benefits If I Get COVID-19?

COVID-19 at Work: Are You Entitled to Workers’ Compensation Benefits in California?

  • Mar 27, 2020
  • Blog
  • Michael Burgis & Associates, P.C
📌 Quick takeaway: a COVID-19 exposure at work depends on the date of exposure, the type of job, medical proof, and which benefit program applies. Workers’ compensation, paid sick leave, State Disability Insurance, Paid Family Leave, and unemployment insurance are separate systems with different rules. A COVID-related work issue should be reviewed based on the exact timeline and facts rather than a general assumption.

My name is Michael Burgis. I’m a trial attorney. I’m also a legal certified specialist in California worker’s compensation and I’ve gotten a lot of calls recently with questions regarding the coronavirus and the current pandemic.

COVID-19 and Workers’ Compensation: The Short Answer Is Yes

What happens if I get it? Am I entitled to Workers’ Compensation benefits? The short answer to this: YES.

Proving Work-Related COVID-19 Exposure in California

If you can show that you contracted Coronavirus, or any illness, within the course of your employment, then you are entitled to Workers’ Comp Benefits.

Reasonable Medical Probability and Burden of Proof

You have to show the causation or the burden is reasonable medical probability, which means more likely than not. Now, ultimately Workers’ Comp benefits are Short Term Benefits. They get you Medical Treatment, Temporary Disability, which is 2/3, about 66%, of your salary while you’re off of work, and then they pay compensation for Permanent Disability and future medical expenses.

For the vast majority of these Coronavirus cases, it looks like everyone has a full recovery, so I don’t necessarily think filing a Workers’ Comp Claim is the right course of action, as it’s hopefully just a temporary ailment.

High Risk Jobs and Severe COVID-19 Outcomes

If you’ve contracted Coronavirus and you believe that you contracted it through the course and scope of your employment, like you’re a nurse, you’re a doctor, you’re a police or firefighter, and you can prove that you’d contracted this through your job and you have significant injuries, such as hospitalization, a type of injury that you do not have a full recovery, or the worst case scenario, a fatal case, you should absolutely speak to an attorney.

You or your loved one or your dependent may very well be entitled to compensation under Workers’ Compensation, so long as once again you can show that you contracted the virus within the course of your employment and that you’ve sustained permanent disability, or once again unfortunately a death case.

If you have any questions or concerns feel free to give my office a call 888-Burgis1 (888-287-4471) or check us on our website BurgisLaw.com.

📌 Bottom Line: COVID-related benefit questions are fact-specific. Before choosing a benefits path, confirm whether the issue is a workplace exposure claim, medical disability claim, family care leave issue, unemployment issue, or employment law problem.

Need help with a California workers’ compensation claim?

Michael Burgis & Associates, P.C. helps injured workers and families review work-injury benefits, medical treatment issues, claim delays, denied claims, and workers’ compensation questions. Request a free consultation to discuss your situation.

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📞 Call us: 888-287-4471 (888-BURGIS1)
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