If I Catch the Coronavirus, Can I File a Workers’ Compensation Claim?

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Coronavirus Patient Wearing a Mask The COVID-19 pandemic impacted the majority of California workers significantly. Millions of people lost their jobs. Millions more worked from home during the statewide stay-at-home order. However, the government classified many employers as essential businesses. This forced many people to continue working despite the coronavirus pandemic. Examples of essential workers include:

  • Nurses
  • First responders
  • Maintenance workers
  • Warehouse employees
  • Farm workers
  • Grocery store workers
  • And more
Were you one of these essential workers employed in Santa Clara County, San Benito County, Santa Cruz County or Monterey County? If so, then you may have many coronavirus-related questions. For example, can you recover workers’ compensation benefits after contracting COVID-19 on the job? A recent Executive Order by Governor Newsome makes it easier for you to do so.

California Workers’ Compensation News

The California Labor Code allows for workers’ compensation benefits in California under the following circumstances:
  • If your injury or illness arises out of employment
  • If your injury or illness happens during the course of employment
The law places the burden of proof on you as the injured worker. You must prove that your injury or illness stemmed from your employment.However, Executive Order N-62-20 shifts the burden of proof onto your employer. There is a presumption that anyone diagnosed with COVID-19 between March 19th and July 5th contracted the virus at work. In this situation, the employer must then prove that you did not contract COVID-19 while on the job.The Order will allow more California workers to recover workers’ compensation benefits due to the coronavirus. If you contracted the virus during this time, then you should consult with a workers’ compensation attorney. He or she can review your situation and tell you whether the Order will impact your workers’ comp claim.

Our Workers’ Compensation Lawyers Offer a Free Consultation

At Cramer & Martinez, LLP, we will continue monitoring how the coronavirus impacts California workers’ compensation law. If you have additional questions about filing a workers’ compensation claim during the pandemic, then give us a call. Our number is (408) 848-1113. You can also reach out to us through our online contact page. We are currently available for telephone appointments.

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