If you think you’ve been exposed to COVID-19 at work, two of the most important steps you can take is to know your rights – and act fast.
Boxer+Gerson is on the frontlines of workers’ compensation benefits, as the landscape evolves quickly in response to the effects of the pandemic. We can help you understand your options and guide you through the benefits process.
If you’ve been diagnosed with COVID-19, if you’ve been exposed to the virus at work, or if you work in a job that puts you at a higher risk of exposure – including essential workers like medical professionals, grocery workers, police officers, and countless others – you may be entitled to benefits. The bottom line is that if you’re working and have concerns about COVID-19, it’s critical to understand your rights.
Benefits could include coverage for time loss and medical treatment, compensation for permanent damage suffered, and potential death benefits for your family.
First, you must file a claim with your employer. Claims must be filed in a timely manner, so please do not delay in pursuing your benefits if you believe you may be impacted by COVID-19.
Second, all employees off work as a result of COVID-19 exposure should immediately file for State Disability Indemnity through the EDD system. The standard one-week waiting period has been waived. If you believe the disability is the result of workplace exposure to the novel coronavirus, please be sure to note this in the space provided on the application.
If you’re ultimately successful in filing your disability claim, your employer or their insurance carrier will be responsible for reimbursing the state for your benefits.
We anticipate that claims related to COVID-19 will be denied on the grounds that it’s the responsibility of the employee to prove exposure at the workplace. This complicated proof problem requires legal help. If we can establish that your job puts you at a higher risk, we may be able to secure protection through the workers’ compensation system.
We at Boxer+Gerson are here to help you understand your rights. During this challenging time, we remain open and are working remotely. The Workers’ Compensation Appeals Board is open and appearances are being handled over the phone. If your matter is urgent, we can file with the WCAB to ensure the benefits process begins.
To schedule a free consultation, please call us today at 510-918-3500 or fill out the form on this page. We’re committed to making sure you and your family obtain the benefits you’re entitled to by law.
510.918.3500