The Effect of COVID-19 on Workers' Compensation in California
As the COVID-19 pandemic continues to spread across thestate, California has taken measures to help employees offset the effects thatcontracting the virus might take. Some of these measures have been taken withthe goal of removing the financial burden from those who contract COVID-19. Inthe state of California, medical costs, lost wages, and more will be covered byworker’s compensation, provided you suffer from the virus and can prove youcontracted it at work. However, depending on when you contracted the virus and receiveda confirmed diagnosis, you might qualify for benefits under an additional rule,where you are presumed to have contracted the virus at work and will beeligible for worker’s compensation benefits.
Presumption Law
From May into early July, California enacted a sweepingexecutive order that changed the way that the coronavirus factored into worker’scompensation. Under the presumption rule, any covered worker that contracted ortested positive for COVID-19 within 14 days of his or her most recent work shiftwas presumed to have caught it at work and would subsequently be eligible forworker’s compensation benefits. The burden of proof to refute any claims was onthe employers, who had a 30-day window in which to submit their claims.
If you believe that you are entitled to benefits under thepresumption 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 Californiaas more of the workforce is furloughed or working from home, the presumptionlaw shifts much of the costs of the coronavirus onto the worker’s compensationsystem. Worker’s compensation insurance covers related medical care, temporaryor permanent disability benefits, supplemental job displacement benefits, andmore. 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, itremains to be seen whether it will be extended or reenacted.
Although the presumption rule has expired, you may still beeligible to receive worker’s compensation benefits if you contract COVID-19. Theburden of proof is now on employees to prove that they contracted the virus atwork. An experienced attorney can help you navigate this process.
What Does This Mean?
Above all, it is more important than ever for everyone tofollow the CDC’s guidelines for minimizing and preventing exposures in theworkplace. Reducing the spread will ease the burden on employers and the worker’scompensation system. However, if you are an employee and believe that you mightbe 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. Ifyou are not sure how to proceed, or you are not receiving benefits to which youare entitled, consult an experienced worker’s compensation attorney as soon aspossible.
Reach Out to a Trusted Worker's Compensation Law Firm
Law Office of Nicholas Sheedy is an experienced worker’s compensation law firm serving the Sacramento, CA area. Reach out to us today tolearn more about worker’s compensation benefits and how they relate to theCOVID-19 pandemic
