In COVID-19, Worker's Comp

According to research, most people who contract the Coronavirus go on to make a full recovery. Many don’t even develop any significant symptoms. These workers quarantine and either work from home or receive some form of payment for lost work.  Some people, as we know from the news, are not so lucky. Their Covid-19 symptoms are severe. Some causing death.  My understanding is that the majority of these victims have been elderly and were probably out of the workforce, making them ineligible for workers’ compensation claims. However, if these people were employed, elderly or not, they or their families may be eligible for workers’ compensation benefits.

If they died due to Covid-19, their spouses and/or dependents can file a claim for workers’ compensation survivor benefits.  Like all workers’ compensation claims, the burden is on the worker or worker’s spouse/children to prove that the Coronavirus infection and death were related to the worker’s job.  Given the unusual circumstances of the pandemic, certain laws have been entered that make this burden a bit easier for certain employees.  This is especially true if the deceased employee was deemed an essential worker and lost time from work, between March 10 and May 20, 2020, due to contracting Covid-19 during this period.

Survivors’ benefits include funeral expenses and potentially weekly compensation benefits. If you lost a spouse or parent due to Covid-19 and think the disease may have been contracted at work, it is in your best interest to contact a workers’ compensation attorney to evaluate your case and determine if you have a valid claim.

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