COVID-19 & Workers' Compensation Claims
- Aug 23, 2021
- 1 min read
Workplace injuries now includes COVID-19 illness under California's no-fault Workers' Compensation system. If an employee 1) tested positive for or was diagnosed with COVID-19 within 14 days of being at work, and 2) the employee was at work between March 19, 2020, and July 5, 2020, or the employee was at work during a period of "outbreak" (as defined by Labor Code section 3212.88(m)(4)) after July 6, 2020, the COVID-19 illness is presumed to be an injury arising out of and in the course of employment, therefore qualifying the employee for Workers' Compensation benefits.
A HR friend shared with me how COVID claims were places on her team, particularly when the issues of coverage and timeline arose. It was just a matter of introducing someone conversant with Workers Compensation Litigation and this relieved the stress and explained the way forward to all the concerned parties. Your post provides an insight into an extremely difficult aspect of recovery.