Healthcare Workers Sue for Coronavirus Infections

Varying between counties and date, 10% to 20% of all Californians infected with Covid-19 are healthcare workers. This includes personnel at residential living facilities, hospitals, care givers, and private medical facility workers. These front line battle workers now have an opportunity to easily establish their infection was from work, and then receive just compensation. They will not be mere members in a class action and receive a paltry sum if they utilize the benefits of California Executive Order N-62-20.

For a limited period of time employees diagnosed with Covid-19 are presumed to have transmitted the disease from their employers. There is a rebuttal presumption that California employees diagnosed with the coronavirus between March 19, 2020 and July 5, 2020 contracted the disease at work. On May 6, 2020, Governor Newsom issued Executive Order N-62-20. This emergency legislation provides that an employee's COVID-19 related illness is presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits so long as a series of easily met criteria described under the next heading are met.

This means it is very easy to obtain important benefits including:

. Full hospital, surgical, medical treatment
. Disability indemnity
. Death benefits
. Short term and long term disability under the workers compensation system which are generally weekly sums of money more than unemployment and potentially lasting longer

CALL (818) 783-7300 to Start the Process of Receiving Workers Compensation Benefits because you Became Infected with Covid-19 at Work

HOW DO I QUALIFY FOR WORKER BENEFITS IF I WAS INFECTED WITH COVID-19 AT WORK?

Employees diagnosed with the Coronavirus between March 19, 2020 and July 5, 2020 are presumed to have transmitted the disease from their employers if they worked on their employer’s premises within 14 days of the diagnosis. Most likely this also includes situations where the employer required the employee to work on the premises of a client. In the case of healthcare workers that obviously includes traveling nurses and CNAs assigned to a patient’s home.

Governor Newsom’s May 6, 2020 Executive Order N-62-20 creates a rebuttal presumption that an employee's COVID-19 related illness is presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits so long as a series of criteria are met. The special law about becoming infected at work, requires employers have to have to rebut the presumption the employee was infected with the Coronavirus at work if:
1. On or after March 19, 2020 the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment in California that was not the employee’s home;
2. A doctor made the diagnosis of COVID-19 and it was confirmed by further testing within 30 days of the date of the diagnosis.

This new workers compensation right does not apply to employees who have been working at home, and not entered their employer’s premises. However, if an employee entered their employer’s premises to pickup their paycheck, see a schedule, or drop off papers this relaxed standard should apply. Regardless of whether there is a relaxed standard, employees do have a right to seek workers compensation benefits if they believe they got infected with a disease at work, or they are overly stressed out because others in their workplace did and they are worried they might be infected too.

IF YOU WERE DIAGNOSED WITH COVID-19 WITHIN 14 DAYS OF WORKING BETWEEN MARCH 19, 2020 AND JULY 5, 2020 CALL (818) 783-7300 AND GET STARTED ON GETTING THE WORKERS BENEFITS YOU DESERVE

It is important that healthcare workers utilize their rights to receive compensation because they came down with Covid-19 at work. It is possible to obtain benefits if you have already recovered.

CORONAVIRUS INFECTIONS AT RESIDENTIAL CARE FACILITY

The number of healthcare workers in California who test positive for Codiv-19 is astounding and unfortunate. It is important that doctors, nurses, medical technicians, healthcare aids, and medical assistants take advantage of the rebuttal presumption in California that Covid-19 infections were caused by work. The process of starting a case to obtain workers compensation benefits is as easy as calling (818) 783-7300. Because of the rebuttal presumption of proof, it is going to be difficult for employers to win these cases. These types of cases may not be particularly contested and unpleasant. Healthcare workers should take advantage of these benefits.

While at present, the diagnosis of the Coronavirus must be between March 19, 2020 and July 5, 2020 for the rebuttable presumption to apply, it is possible this easier standard of proof will extend beyond this time frame. Claims can be filed after July 5, 2020 if the diagnosis of infection was within the March 19, 2020 and July 5, 2020 time frame. If the infection was not within this time frame, a workers compensation claim can still be filed in California, but the easier standard of proof will not exist.

Start the process of receiving substantial compensation if you were infected with the Coronavirus at work. There are likely to be 100,000 or more such claims in California. At a certain point workers compensation attorneys may become overwhelmed with these claims just like banks became overwhelmed with small business loans due to the stimulus packages.

CALL (818) 783-7300 TO SPEAK TO AN EXPERIENCED CALIFORNIA WORKERS RIGHTS LAW FIRM ABOUT YOUR CLAIM FOR BENEFITS BECAUSE YOU WERE INFECTED WITH COVID-19 AT WORK

Claims for infections at residential care facilities include nursing homes, assisted living, board and care facilities, group homes, and correctional institutions. If an employee in one of these settings did not have proper personal protective equipment (PPE) our labor lawyers will look into whether there may be a claim you can file for penalties outside of the worker compensation system. The Private Attorney General Act (PAGA) allows employees to act as the a private attorney general in enforcing labor laws and obtain a percent of the penalties normally only the government could obtain. Click here for additional information on employee safety/OSHA violations our law firm has sued for.

Our law firm has a long history of representing healthcare workers including hospital workers, residential facility workers, medical and clerical personnel at medical offices, traveling nurses and care givers.

CALL (818) 783-7300 IF YOU ARE A HEALTHCARE WORKER NEEDING TO TAKE LEGAL ACTION AGAINST YOUR EMPLOYER INCLUDING FOR THE LOSS OF YOUR JOB IF YOU ARE A HEALTHCARE WHISTLEBLOWER

It is not necessary to have face-to-face consultation during the Coronavirus. Our office is capable of starting your case with you online and helping you get to the right doctors some if need be. These days many workers compensation doctors are providing virtual consultations. However, it is not necessary that you see a separate doctor if you are already treating for Covid-19 symptoms, or you did in the past.

We have multiple offices in Los Angeles County including Downtown Los Angeles, Sherman Oaks, and Torrance. We are also located in Bakersfield, Ontario, Oxnard, and Riverside.

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