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Can I Receive Workers’ Compensation for COVID-19 in Riverside?

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Posted By DAM Firm | April 15 2020 | Workers' Compensation

As COVID-19 (the coronavirus) continues to spread throughout the country and affect workers, many employers are looking for ways to help employees who have contracted the virus. One of these outlets may be a workers’ compensation claim depending on the situation. California’s workers’ compensation system provides financial benefits to make up for medical expenses and lost wages when an injury or illness takes an employee out of work. If COVID-19 has interfered with your ability to earn a living wage, you might be eligible for workers’ compensation in Riverside.

COVID-19 Must Arise Out of the Course of Employment

The main issue employees face during workers’ compensation claims for the coronavirus is whether the employer’s insurance policy covers the situation. In California, workers’ comp insurance only covers illnesses (or injuries) that arise out of or in the course of employment. It will be up to the employee, therefore, to prove he or she came into contact with the COVID-19 virus while performing job-related tasks. If it is only a possibility that the worker contracted the virus at work, he or she may find it difficult to qualify for insurance benefits.

Your chances of qualifying for workers’ compensation insurance benefits in Riverside are higher if you work in a role that commonly comes into contact with people who have the coronavirus. As a nurse, doctor, first responder, medical office worker, clinician, pharmacist or someone at a testing lab, for example, you are at an increased risk of contracting the coronavirus while at work. Your place of employment likely has cleaning logs and protocols to identify potential points of exposure. You may be able to use these measures as proof during a COVID-19 workers’ compensation claim. Workers frequently in contact with the virus may find it easier to qualify for workers’ compensation benefits in California.

What You Need for a California Workers’ Compensation Claim

California’s workers’ compensation system does not require proof of someone else’s negligence in relation to your injury or illness. You must simply show with documentation that you suffered the harm in question while performing a job-related duty. A claim for COVID-19, for instance, may require you to prove that you have the virus because of your job.

  • A doctor has diagnosed you with COVID-19.
  • The virus led to damages such as medical bills or lost wages.
  • Your job put you at an increased occupational risk of contracting COVID-19.
  • You most likely did not contract the virus elsewhere.
  • You can identify a specific point of contact on the job that led to the virus.

If you do not work in a high-risk occupation, your employer’s insurance company may need to analyze your case in more detail before accepting or denying or the case. Insurers around the country are treating these claims on a case-by-case basis. In general, you will need meticulous records to help you prove you contracted the virus while on the job. A Riverside workers’ compensation lawyer could help you with the burden of proof during your COVID-19 claim. A lawyer can gather evidence on your behalf and talk you through your legal options.

Workers’ Compensation Benefits Available for the Coronavirus

It may be possible for you to recover compensation through an insurance claim and/or a personal injury lawsuit for COVID-19 in Riverside depending on the circumstances. If your employer is guilty of negligence in reasonably protecting you from the virus, for instance, you may have grounds to bring a civil claim against your employer. This could lead to greater financial recovery than a workers’ compensation claim. Either type of case, however, could lead to the reimbursement of your losses.

  • Past and future medical expenses
  • Lost wages
  • Lost future capacity to earn
  • Disability expenses
  • Pain and suffering
  • Legal fees
  • Death benefits
  • Exemplary damages

Learn more about your case with help from a workplace injury attorney near you. A workers’ comp claim might provide benefits for medical bills and two-thirds of your lost wages, while a civil claim could pay for 100% lost wages, pain and suffering, and other damages. The lawyers at DiMarco | Araujo | Montevideo are offering free consultations about potential workers’ compensation claims and personal injury lawsuits connected to the coronavirus. Discuss the specifics of your COVID-19 workers’ compensation claim with an attorney in Riverside as soon as possible.

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