CORONAVIRUS CONTRACTED AT WORK

 

Under the California workers compensation system it is presumed a coronavirus diagnosis between March 19, 2020 and July 5, 2020 has been contracted at work. On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which provides that an employee's COVID-19 related illness shall be presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits so long as a series of criteria are met. The criteria is somewhat complex.

   

CALL (951) 367-1000 to Speak to an Experienced Workplace Lawyer to Determine What Remedies you should take Against Your Employer. Workers Compensation may not be your Only Remedy.

 

The short term law that makes employers rebut the presumption the employee was infected with the Coronavirus at work requires:

 

1. On or after March 19, 2020 the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment in California that was not the employee’s home at the employer's direction;
   
2. A doctor made the diagnosis of COVID-19 and was confirmed by further testing within 30 days of the date of the diagnosis.

   
   
 

WORK CAUSED COVID-19

   

The presumption that Covid-19 was contracted at work, until July 5, 2020, can be rebutted by evidence. For instance, if the employee’s entire family was sick with the Coronavirus after attending a funeral, or party, the employer may assert the employee did not come down with Covid-19 due to their work on the employer’s premises. A qualified workers compensation lawyer will argue why the employee may have become infected at work including that the various events all transpired at the same time.

  Under the workers compensation system employers always have the right to dispute that the work injury was caused by the workplace. Some employers and workers compensation insurance companies are going to save their efforts for things other than disputing that an employee became infected with the Coronavirus at work. Others may try to rebut the presumption by claiming the employee became infected by community spread. The employer will have 30 days to dispute the claim. This is shorter than the normal period of time an employer has to dispute a work injury claim. Whether employers will have enough evidence to prove the employee became infected by general community spread is unclear. This is why even many of the disputed workers compensation claims will probably settle before trial.

 

CALL (951) 367-1000 TO START A CLAIM AGAINST YOUR EMPLOYER BECAUSE YOU CAME DOWN WITH COVID-19 AT THE WORKPLACE  
EXECUTIVE ORDER ON COVID-19 CORONAVIRUS CONTRACTED AT WORK

  Governor Newsom’s executive order creates a presumption employees diagnosed with Covid-19 March 19, 2020 for the next 60 days were infected at work. This special law is set to expire. The expiration of this law does not mean you cannot file a claim after May 18, 2020. It merely means you had to be diagnosed with the Coronavirus in California between March 19, 2020 and July 5, 2020.  
 
At this time it is unknown whether the period of infection under the governor’s executive order will be extended for workers who were first diagnosed with the Covid-19 after July 5, 2020.  
 
We are looking forward to talking to employees who think they came into contact with the Coronavirus at work. Employees who were forced to work with infected employees may be able to file work stress cases even if they were not infected. Job terminations due to complaints about a lack of safety equipment, or required work during the Covid-19 epidemic may also lead to wrongful termination.  
 

Call (951) 367-1000 to speak to an experienced employee lawyer about your legal options if you were fired or exposed to the Coronavirus