As the COVID-19 pandemic continues to spread across the state, California has taken measures to help employees offset the effects that contracting the virus might take. Some of these measures have been taken with the goal of removing the financial burden from those who contract COVID-19. In the state of California, medical costs, lost wages, and more will be covered by worker’s compensation, provided you suffer from the virus and can prove you contracted it at work. However, depending on when you contracted the virus and received a confirmed diagnosis, you might qualify for benefits under an additional rule, where you are presumed to have contracted the virus at work and will be eligible for worker’s compensation benefits.
Presumption Law
From May into early July, California enacted a sweeping executive order that changed the way that the coronavirus factored into worker’s compensation. Under the presumption rule, any covered worker that contracted or tested positive for COVID-19 within 14 days of his or her most recent work shift was presumed to have caught it at work and would subsequently be eligible for worker’s compensation benefits. The burden of proof to refute any claims was on the employers, who had a 30-day window in which to submit their claims.
If you believe that you are entitled to benefits under the presumption law, consult a worker’s compensation law firm as quickly as possible.
Effect of Presumption Law on Worker’s Compensation
While the costs of reported claims have gone down in California as more of the workforce is furloughed or working from home, the presumption law shifts much of the costs of the coronavirus onto the worker’s compensation system. Worker’s compensation insurance covers related medical care, temporary or permanent disability benefits, supplemental job displacement benefits, and more. The effect of this pandemic on the worker's compensation system could be substantial.
Will the Presumption Law Be Extended?
As the presumption law ended on July 5th, it remains to be seen whether it will be extended or reenacted.
Although the presumption rule has expired, you may still be eligible to receive worker’s compensation benefits if you contract COVID-19. The burden of proof is now on employees to prove that they contracted the virus at work. An experienced attorney can help you navigate this process.
What Does This Mean?
Above all, it is more important than ever for everyone to follow the CDC’s guidelines for minimizing and preventing exposures in the workplace. Reducing the spread will ease the burden on employers and the worker’s compensation system. However, if you are an employee and believe that you might be eligible for worker’s compensation, whether under the presumption law or not, it’s important to take advantage of the benefits to which you are entitled. If you are not sure how to proceed, or you are not receiving benefits to which you are entitled, consult an experienced worker’s compensation attorney as soon as possible.
Law Office of Nicholas Sheedy is an experienced worker’s compensation law firm serving the Sacramento, CA area. Reach out to us today to learn more about worker’s compensation benefits and how they relate to the COVID-19 pandemic
LAW OFFICE OF NICHOLAS SHEEDY
1820 Avondale Ave, Suite 4, Sacramento, CA 95825
Social Security Disability Attorney & Work Injury Lawyer servicing the Sacramento, CA area.
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