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Public health agencies from all over the world are responding to an outbreak of respiratory disease known as the novel coronavirus, or COVID-19. In spite of the restrictive measures put in place to prevent COVID-19 infections, i.e. masks, temperature checks, and capacity restrictions, people somehow contract the novel coronavirus. Jobs that are at the highest risk are nurses, dentists, general practitioners, paramedics, and firefighters, just to name a few. However, it’s important to not forget about grocery store workers and factories. They do more labor, in exchange for low-pay, and face a high risk of infection. The question now is: Should they be compensated for medical expenses or income loss? Well, numerous people have lodged workers’ compensation claims in the hope that they will get paid.
Can a COVID-19 infection be considered a work accident? Why yes!
A work accident can be defined as an unplanned or uncontrolled event that results in physical harm. Typical examples include falls and slips. If you fall and severely damage your back, then you’re injured at work. Diseases such as the flu aren’t covered under workers’ compensation. With the novel coronavirus, it’s a completely different story. It can be considered an occupational disease, so if you acquired it at work, you may be eligible for workers’ compensation. COVID-19 isn’t explicitly mentioned in the list of occupational diseases, along with HIV, hepatitis B, and hepatitis C as a virus infection, but it is caused by a biological agent arising from activities undertaken by the worker.
In a possible dispute, the court would have to conduct an investigation and take into account the incubation period at the date when the employee started experiencing symptoms such as fever, tiredness, and muscle pain. Attention needs to be paid to the fact that a single occurrence doesn’t necessarily count as a work accident. What is more, it may not result in civil or criminal liability of the employer. The extent of the situation is just as unclear as the novel coronavirus pandemic. Some states ensure compensation for communicable diseases. As a matter of fact, an ever-increasing number of states are changing the rules to make sure that individuals have complete access to worker’s compensation benefits should they be infected.
As stated by professional Corey Pollard Law, the Illinois Workers’ Compensation Commission recently passed an emergency amendment meant to protect front-line workers, as they’re commonly referred to, which refers to employees of essential businesses. The workers wouldn’t have to demonstrate they contracted the infection on the job to secure coverage. At this time, officials are doing their best to meet the needs of individuals and employers who find themselves overwhelmed by the outbreak of COVID-19. Other states are expected to make regulatory changes so as to make it easier to obtain workers’ compensation benefits. It’s up to them to determine what professionals should gain access to lost wages, hospital invoices, and even burial costs.
What is the course of action for seeking compensation for a work accident?
If your injury is an occupational exposure relating to something like COVID-19, you’re entitled to compensation if you can prove that the infectious disease came about in the course of employment and the condition is specific to your particular trade. The employer is required to submit a report to the state workers’ compensation board and get in touch with the insurance carrier, which is responsible for paying the medical bills and a percentage of your average weekly income. In this time of crisis, it may be difficult, if not impossible to establish when and where you were exposed, which in turn would ruin your chances of seeking compensation.
As far as first responders are concerned, they enjoy the benefit of the doubt in the sense that no one dares to question their affirmations. It’s naturally presumed that their illness arose from work and that assumption can’t be refuted. As mentioned earlier, there are variations in terms of how the scope of workers is covered and the necessary proof to determine work-relatedness. If more states introduce a presumption of compensability in the policy requirements, more workers will be eligible for compensation benefits. Anyway, if you happen to be ill, notify your supervisor at once and seek medical attention. It’s of paramount importance to keep all medical and payment records.
Employers should keep the workplace free from COVID-19
The employer has the primary responsibility for investigating work-related issues and making sure that the workplace is safe for all. Even if the novel coronavirus hasn’t arrived in your community, that doesn’t mean that the risk for infection is low. COVID-19 can spread fast and, until now, it has impacted important communities in the United States, which means that nobody is safe. The contagious infection can reduce working days as a result of illness. Examples of measures that businesses can take to prevent or slow the spread of the deadly virus in the workplace are:
- Cleaning and hygienizing all types of surfaces
- Disinfecting computers and tablets
- Promoting regular hand washing
- Ensuring masks are available at the workplace
- Keeping lines of communication open
The fact of the matter is that everyone deserves to go home safe and healthy. During the current global pandemic, it’s extremely difficult to protect people and make sure they don’t become infected with COVID-19. Nonetheless, it has been proven that health and safety restrictions have worked, even if the results weren’t the ones expected. Employers need to gather sufficient information and take action each step of the way to prevent infection. Understanding how people are exposed to the virus in the first place goes a long way in fighting COVID-19.
All in all, businesses could face serious trouble if they don’t take the necessary protective measures. It’s within their own interest to protect employees because they are the lifeblood of the company. They risk facing potential liabilities if they don’t protect people from the novel coronavirus. In this time of crisis, it’s important to protect one another and this is exactly what we should do. If you’re eligible for workers’ compensation, your chances of being successful depend on your job. That doesn’t mean that you can’t win if you’re not, say, a doctor.
