coronavirus workers comp claim

Does Workers’ Compensation Cover Coronavirus (COVID-19)?

My name is Michael Burgis and I’m a Legal Certified Specialist in California Workers Compensation. I get a lot of questions about the Coronavirus and its implication for Workers Compensation benefits. I want to address some of those briefly because I know a lot of people have those questions and are searching for this.

Is Coronavirus a valid Workers’ Compensation claim?

If you contracted the Coronavirus virus through your workplace and that illness arose within the course of your employment, theoretically that would be a valid Workers Comp claim. The value of that Workers’ Comp case is usually based on permanent disability. In most of Coronavirus cases, you can expect to see a full recovery. And if that’s the case, it may not be worth filing a Workers Comp permanent disability claim. However, that person would absolutely be entitled to Temporary Disability. If someone contracted the Coronavirus and that happened through the scope of their employment, say like a safety officer, peace officer, nurse, or a doctor. If you can prove you contracted the virus through your workplace, that’s absolutely a valid Workers Comp claim.

How much compensation are you entitled to?

The injured worker would be entitled to 2/3 of their salary during the period of time they totally temporarily disabled for this illness. If you are quarantined and cannot go to work for a month, or if there were severe complications and you are debilitated for much longer than a couple of weeks, you are absolutely entitled to 2/3 of your salary while you are off of work tax free.

Additionally, if you are part of the rare low percentage that have a severe complication or, hopefully not the case, in the rare instances of a death case, that is absolutely a valid Workers Comp claim. If it’s nothing more than a 2-week illness and you have a full recovery, probably not worth filing or considering, in my personal opinion. That being said, if there are severe complications, including prolonged hospitalization, substantial medical bills, or you DO NOT have a complete recovery and you have permanent disability, or the worst-case scenario, a Death case. You are absolutely potentially entitled to legal benefits and I recommend you call a Workers Comp attorney. Look at BurgisLaw.com or feel free to give us a call if you have any questions, we have the answers.