I Got Covid-19 at Work, Can I Get Workers’ Compensation?
The Covid-19 virus has ravaged New Jersey and decimated many NJ workplaces, forcing many to close for weeks or even months at a time. It is not just hospital workers who may have caught the Covid-19 virus in the workplace. Many employees in other professions caught the virus from someone at work.
There is a Strong Presumption in the Law for Most Workers in Most Types of Jobs That a Covid-19 Related Disability Is a Compensable Claim.
Some workers and employers wrongly believe that Covid-19 related disabilities are never covered under the NJ Workers Compensation statute. If someone becomes sick with the Covid-19 virus and was also exposed to someone in the workplace who was a positive and/or symptomatic, depending on the circumstances, there is a strong presumption in the law for most workers in most types of jobs that it is a compensable claim.
If you became sick and/or disabled after contracting Covid-19 and were also exposed to someone, a co-worker, a supervisor, anyone in the workplace who was a positive and/or symptomatic, you might eligible for Workers’ Compensation benefits.
This issue is likely to become more prominent as the number of “long-haulers” (those suffering effects long after the initial infection) increases with time.
Workers' Compensation Is a Statutory Mandated Insurance Program for Workers Who Have a Work-related Injury or Illness.
Workers' Compensation is a statutory mandated insurance program. It provides benefits to workers who suffer job-related illnesses or injuries. Although NJ Employers are required by law to provide Workers' Compensation (WC) benefits for workers who suffer an occupational illness or are injured on the job, these benefits are not automatic. Injured and sick workers often have to fight for Workers’ Compensation benefits that they are legally entitled to collect. This is because many employers and their WC insurance companies are willing to callously, dishonestly, unconscionably exploit sick and injured workers depriving them of their legal benefits if they can get away with it.
The findings of a new study suggest that even people with mild COVID-19 may develop long-term health complications that go well beyond the lungs and may affect the lower body functions. There have over 149 million cases of COVID-19 globally. Recent research indicates that approximately 14.9 million people, which is 10%, will be considered "long-haulers" those who experience symptoms more than a month after the initial contraction of COVID-19. Some common symptoms of long-haulers that may render them short-term, long-term or permanently disabled are loss of the use of one or both legs, brain fog, vertigo and deafness. Medical doctors say there are clear signs of kidney and heart disease that people should be aware of.
New Jersey Workers’ Compensation benefits include:
- Medical Benefits that cover all medical treatment that is necessary to cure and relieve the effects of your workplace injury or illness, including emergency care and rehabilitation.
- Temporary Total Disability Benefits.
- Permanent Partial Disability Benefits.
- Permanent Total Disability Benefits.
- Death Benefits – These benefits are available to survivors of a deceased worker.
Do not sit on your rights, or you may lose the right to file your claim!
If you are suffering from a job-related sickness, illness or injury, or experiencing job retaliation for trying to get Workers’ Compensation, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept employment law cases from all over New Jersey.
New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.