Can I File A Workers’ Compensation Claim If I Get COVID-19?
Our entire society in America has been completely upended by the widespread COVID-19 pandemic. Most states have issued stay at home orders as well as social distancing guidelines, which have greatly impacted nearly every single American. Sadly, there are many, many deaths arising from COVID-19 exposure. Additionally, tens of thousands have become sickened by this virus. Many people wonder if they have legal recourse if they have been exposed to COVID-19 and suffer the serious personal injuries this virus causes. Generally speaking, these claims are extremely difficult to establish. The reason for that is most people have no way of connecting with any type of precision how they contracted the virus.
Many people wonder if they have a corker’s compensation claim that they may file if they contracted COVID-19 at the workplace. Massachusetts worker’s compensation law does allow for claims that arise from the workplace that deal with exposure to disease or sickness at work. However, insurance companies routinely deny these claims.
However, in order to have a successful work-related sickness or disease claim, you need to be able to show that the exposure happened at work. That is a very challenging and almost an insurmountable challenge under established law. Establishing that the COVID-19 exposure occurred at work is difficult because COVID exposure can happen in almost innumerable ways. You can catch this awful disease by coming into contact with a surface that contains the virus, or you may shake hands with someone who has the virus or otherwise make contact with the virus.
But given how many ways one can contract COVID-19, nailing down and establishing that the exposure arose at work can be nearly impossible. That does not mean these claims are entirely without merit. If one can pinpoint that the exposure did occur at the workplace, a claim for workers’ comp benefits can be filed. This claim for benefits would be for the payment of any wages that were lost as the result of an employee not being able to work. As well, a claim for medical benefit payments can be made in connection with any medical bills that stand from the COVID-19 medical treatment.
If you or someone you know has questions relating to legal recourse that is available to those that have contracted COVID-19, I encourage you to contact the Earley Law Group Injury Lawyers at 617-444-7777. Hopefully, we’re all able to resume normal lives very soon and put this very, very difficult situation behind us.
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