A big looming question right now is as more people are returning to work, if COVID-19 is contracted while working, can employees receive workers compensation benefits? The answer, yes. Just like any other illness or injury the employers must carry workers’ compensation insurance to pay benefits to workers who are made ill or injured due to their employment. With illnesses like COVID-19 the NYS Workers Compensation Board works quickly and handle benefits for those affected.
When you file a claim, much like the process when you file an injury claim, it will be reviewed by the employer’s workers compensation insurance carrier. If the claim is accepted, then the COVID-19 claim will be processed, and payments will be paid. If the claim is denied, then the parties involved will go to court where a judge will listen to your testimony and the testimony of your medical provider to get the facts about where you work, whether you were exposed to COVID-19, the extent of your exposure, and whether exposure to COVID-19 was prevalent in your work environment.
While most workers will never be able to know exactly when and where the COVID-19 exposure that got them sick happened, workers can demonstrate the significantly higher risk in their workplace from the type of work they do, or the extent of COVID-19 exposures. The more details the better when it comes to claims. You should know when you worked, what you did at work, and roughly how many people you came in contact with.
When filing a claim, you should immediately tell your employer that you are ill due to your employment. Your employer then informs the insurance carrier, and they have 18 days to act on the claim and begin paying benefits if it accepts it. For disputed claims the NYS Workers Compensation Board works quickly to get the matter resolved and benefits paid out. The workers comp claim process can get confusing so let the professionals at EMD Law help guide you through the process so you can focus on what’s important, getting better. Contact us to schedule a free consultation.
