Workers’ Compensation and Money Damages involving Coronavirus (COVID-19)

If you are an Employee who contracted the Coronavirus while performing your job duties, you may be eligible for Compensation Damages.

If you are an immediate family member of an Employee who has been hospitalized, has lost significant amount of time and is unable to return to work, has long term physical effects or unfortunately, has passed away because of Coronavirus while contracting illness on the job, you may be eligible for Compensation Damages.

In these difficult times, you need to know your Legal Rights! We want to help you navigate the uncharted waters of complex laws in this unprecedented crisis that has befallen citizens of our NY State.

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As the coronavirus continues to spread, exposure risk is elevated for workers who interact with potentially infected individuals, including those involved in:

  • Healthcare
  • Deathcare
  • Laboratories
  • Airline operations
  • Border protection
  • Solid waste and wastewater management
  • Personal Care Aids

Workers’ Compensation and 3rd Party Compensation

The Occupational Safety and Health Administration’s Infection Prevention includes using engineering and administrative controls and safe work practices to protect workers from exposure to COVID-19. Depending on the work tasks and potential exposures, appropriate Personal Protective Equipment for workers’ protection from the virus may include gloves, gowns, masks, goggles or face shields, and/or respirators. If such Personal Protective Equipment was not provided by your employer, you may be entitled to Money Damages.

Workers’ compensation policies generally extend insurance benefits to employees for injuries “arising out of or in the course of employment.”

Workers’ compensation actions concerning the language often address whether the claimed injury is truly work-related, focusing on such factors related to the loss as its nature, the injured employee’s activity, the time and the location. Consequently, employees and employers whose work is related to coronavirus should maintain detailed records identifying potential exposures.

Can COVID-19 be allowed as a work-related condition?

Under certain circumstances, claims from health care providers and first responders involving COVID-19 may be allowed. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis.

With the situation changing daily and with new cases constantly being diagnosed, it can be expected that this crisis will not be over any time soon, find out if you and your loved ones are entitled to Money Damages!

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