Coronavirus Work Claims: Understanding Your Rights and Options
The COVID-19 pandemic has reshaped workplaces across the globe, introducing new risks and challenges for employees. For many workers, returning to the workplace meant exposure to a highly contagious virus, sometimes resulting in illness or worse. If you contracted COVID-19 at work or suffered due to unsafe conditions, you have the right to seek compensation. At Ochoa & Calderón, we help workers navigate coronavirus work claims to ensure they receive the medical care and financial support they deserve.
How Workers’ Compensation Covers COVID-19
California workers’ compensation laws allow employees to claim benefits if they contract COVID-19 due to workplace exposure. Workers may qualify for:
- Medical care: Coverage for testing, treatment, and hospital stays.
- Temporary disability benefits: Wage replacement during recovery.
- Permanent disability benefits: Compensation for long-term impacts of severe COVID-19 cases.
Proving that your illness resulted from workplace exposure can be challenging, but California law has established specific presumptions to support workers. These presumptions apply when:
- The worker is employed in healthcare, law enforcement, emergency response, or firefighting.
- A workplace “outbreak” occurs, defined as multiple employees testing positive within a 14-day period.
Employers may attempt to dispute these claims by demonstrating adherence to safety protocols. If your employer challenges your claim, consulting an experienced coronavirus work claim lawyer can strengthen your case and maximize your benefits.
Holding Employers Accountable for Unsafe Work Environments
Some COVID-19 infections result from unsafe workplace conditions. Employers have a legal obligation to provide a safe environment for employees. During the pandemic, guidelines from the Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) mandated safety measures like mask mandates, social distancing, and sanitation protocols. Employers who ignored these requirements may be guilty of serious and willful misconduct.
Examples of misconduct include:
- Failing to enforce mask-wearing policies during outbreaks.
- Overcrowding workers in small spaces without proper ventilation.
- Ignoring employee complaints about unsafe conditions.
If your employer’s negligence caused your illness, you might be entitled to additional compensation beyond workers’ compensation. Discussing your case with a coronavirus work claim attorney ensures you understand your rights and options for legal recourse.
Filing a Coronavirus Work Claim
Workers seeking compensation for COVID-19-related harm should take these steps:
- Document Your Exposure: Record details about potential workplace exposures, including dates, locations, and circumstances.
- Seek Medical Attention: Obtain testing and treatment promptly, keeping all medical records.
- Report the Illness: Notify your employer of your diagnosis and its suspected link to workplace exposure.
- Consult an Attorney: A legal expert can help you file a workers’ compensation claim or pursue additional remedies for employer negligence.
FAQs About Coronavirus Work Claims
Can I file a claim if I worked remotely but visited the office occasionally?
Yes, occasional workplace visits can still lead to valid claims if exposure occurred during those visits. An attorney can help establish the link between your illness and workplace exposure.
What should I do if my workers’ compensation claim is denied?
If your claim is denied, contact a workers’ compensation lawyer immediately. They can appeal the decision and gather evidence to support your case.
Are families of workers who died from COVID-19 eligible for compensation?
Yes, families may seek death benefits, which cover funeral expenses and lost income. Consult an attorney to explore your options.
Can I sue my employer for COVID-19 exposure?
You may sue if your employer engaged in serious and willful misconduct, such as blatantly ignoring safety guidelines. Workers’ compensation laws typically limit lawsuits, but exceptions exist for egregious negligence.
What types of compensation are available?
Workers’ compensation covers medical expenses, lost wages, and disability benefits. Additional compensation may be available through third-party claims or lawsuits.
Contact Ochoa & Calderón for Expert Legal Guidance
If you contracted COVID-19 at work or faced unsafe conditions, our experienced legal team can help you secure the compensation you deserve. Ochoa & Calderón specializes in coronavirus work claims and workers’ rights. Call 951-901-4444 in Riverside or 844-401-0750 toll-free across Southern California, or contact us online today for a free consultation. Learn more about related services, including workers’ compensation claims and settlement assistance.
