According to a report from Business Insurance, workers’ compensation claims for COVID-19 are once again on the rise in California. The California Workers’ Compensation Institute (CWCI) reports that COVID-19 workers’ comp claim increased by more than 500% over a two-month period this spring. More than 6,000 workers filed for COVID-19 workers’ comp benefits in the state in May of 2022 alone. It is an important reminder that COVID-19 remains a serious issue in workplaces in Fresno and throughout California. Here, our Fresno workers’ comp lawyer provides an overview of your rights and options if you contract COVID-19 in the workplace in California in 2022.
Job-Related COVID-19 is Covered by Workers’ Compensation in California
As a starting point, all workers in Fresno County should understand that COVID-19 can be covered by workers’ compensation insurance in California. If you contracted COVID-19 while on the job, you have the right to bring a workers’ compensation claim. All reasonable and necessary medical care for the job-related COVID-19 illness should be covered by workers’ comp insurance. If you are forced to miss more than three days at work, you can also seek temporary disability benefits.
The Challenge: Connecting COVID-19 Exposure to Your Job
Of course, the workplace is not the only location where people contract the COVID-19 virus. In California, a person is not entitled to workers’ compensation benefits for non-job COVID-19 exposure. The challenge that workers face is that they have to connect their COVID-19 diagnosis to their workplace. How difficult this will be depends on several factors, including a worker’s specific job. In 2020, California legislators passed Senate Bill 1159 which created special workers’ comp claims rules for COVID-19 exposure. Here are three things to know about the process:
- First Responders are Entitled to a Rebuttable Presumption: In California, all first responders—police officers, firefighters, EMTs, etc—are entitled to a rebuttable presumption that their COVID-19 exposure is work-related.
- Workers at Companies With an “Outbreak” are entitled to a Rebuttable Presumption: Workers at companies where there has been an outbreak in the workplace are also entitled to a rebuttable presumption that their outbreak is work-related.
- Other Workers Must Be Prepared to Provide Evidence of Job-Related Exposure: If a worker is not a first responder and there has been no workplace outbreak as defined by California law, then the worker must be ready to provide evidence that their COVID-19 exposure is job-related.
If you believe that you or your loved one contracted COVID-19 due to workplace exposure, an experienced Fresno, CA workers’ compensation attorney can help you recover the full and fair benefits that you deserve.
Get Legal Help From a Workers’ Comp Lawyer in Fresno
As an experienced California workers’ compensation attorney. Joseph C. Yrulegui is devoted to providing top-level guidance and support to clients. If you or your family developed COVID-19 while on the job, we can help you navigate the workers’ comp claims process. Contact us today for a fully confidential initial appointment. We represent workers throughout the San Joaquin Valley.