Can You File A Workers Compensation Claim For Coronavirus?

Can You File A Workers Compensation Claim For Coronavirus?

18 May 2020
 Categories: , Blog

If you've become seriously ill with corona virus, you may have run up large medical bills and had to take a lot of time off of work without pay. These are exactly the kind of benefits you can get from workers compensation. The problem is making your claim due to corona virus can be a little tricky.

Do You Have to Prove Your Employer Did Something Wrong?

Workers compensation insurance is a no-fault coverage. That means that you never have to prove that your employer did anything wrong. For example, assume you were injured by a poorly loaded pallet tipping over. In a lawsuit based on negligent, you would have to prove that your employer failed to take reasonable steps to secure the pallet, to provide the equipment to do so, to train employees how to properly load a pallet, or to provide proper supervision to make sure employees were following the right safety steps. In a workers compensation claim, none of that matters. The only thing that matters is that you got hurt at work.

How Do You Prove You Get Hurt at Work?

In a typical workers compensation claim, proving you got hurt is fairly simple. You might have been picked up by an ambulance from your job site or at least had your supervisor file an accident report. For something like a pallet tipping over, you might also have security camera footage and co-workers who saw the accident. For repetitive or over-use injuries, your doctor can typically tie those back to your job even if there isn't a single accident to document.

The problem with corona virus is that it's invisible and you can get it anywhere. You could have gotten it at work, but you also could have gotten it when you went to the grocery store.

How to Prove You Got Corona Virus at Work

If you want to prove you got corona virus at work, it almost becomes like the type of lawsuit where you do have to prove fault. You will want to document any customers or other employees who you know had the virus around the time they were at your job. You'll also want to gather proof of the safety steps or lack of safety steps your employer took. Finally, you'll also want to document if you've been staying at home and practicing social distancing so that you couldn't have gotten the virus somewhere else.

To learn more about filing a workers compensation claim for corona virus, contact a local workers compensation lawyer today.