Does Workers’ Compensation Cover COVID-19 Illness? Workers’ compensation determination would entail medical chart reviews and other formalities to prove the COVID-19 infection.
The coronavirus (Covid-19) is spreading across the world, and the United States is also witnessing an increasing number of people afflicted with this illness. This emergency situation has led to many companies developing work from home policies for their employees to prevent the spread of the virus. Employees are being requested to communicate with each other through instant messaging, email and teleconferencing. However, some companies still ask their employees to report to work and this could result in them contracting the coronavirus on the www.mosmedicalrecordreview.com
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job. Many workers are concerned whether they will be granted workers’ compensation benefits if they get the infection at work. Workers’ compensation determination would entail medical chart reviews and other formalities to prove the infection. Workers’ compensation benefits are given to most types of employees. However, to receive the benefits you need to prove that the coronavirus diagnosis is workrelated. Insurers will require clear evidence that shows that the worker got sick on the job and not anywhere else. Some states like Washington do not consider exposure and/or contraction of COVID-19 as an allowable, work-related condition. Coronavirus symptoms typically appear 2 to 14 days after exposure and therefore employees may find it difficult to show the specific cause of their illness. An attorney may be able to provide the right guidance in this regard. •
It is important that workers diagnosed with the new coronavirus are diligent about safeguarding their health and be knowledgeable about the legal options available. It is crucial to see a doctor immediately and follow the doctor’s advice as well as the guidelines put forth by the CDC (Centers for Disease Control).
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To be eligible for workers’ compensation, the illness or injury must be job related. So, if your COVID-19 infection is to be covered, you must have contracted it within the confines of your workplace.
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It is not necessary that you get sick at your regular workplace. What is important is whether you were acting within the scope of your job when you came into contact with the coronavirus. Employees may be eligible for workers’ compensation if they caught the infection when traveling for work; attending a work-related conference/function/event; visiting a client; and so on.
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Workers’ compensation being a no-fault system, the employer need not be at fault for an employee being diagnosed with COVID-19. In other words, employers are not at risk for being sued in most cases, but they will have to pay medical and disability benefits that are due to the eligible employee. The employee who gets sick at work and is otherwise eligible for workers’ compensation can file for the benefits, even if the employer has followed
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all the recommendations made by the CDC and also taken all proper precautions necessary. •
Employers are required to take appropriate measures to protect their employees from the coronavirus and other such infections. In case they have not done so, employees may have grounds to initiate a lawsuit against employers for “gross negligence”. An employee can also sue a third party responsible for the spread of the virus, and in this case only “ordinary” negligence is required. For example, if an employee visits a client’s office where proper precautions were not taken and got infected, she may have grounds to file a coronavirus lawsuit against the client.
Now let us look at the Federal Employees’ Compensation regulations regarding employees who get the COVID-19 infection. A federal employee who falls ill due to the coronavirus disease – 2019 while performing his/her job duties will be given the full coverage of the FECA (Federal Employees’ Compensation Act) for any related medical treatment as well as for wage loss or disability associated with that condition or related complications. •
It is important to note that exposure to COVID-19 alone does not constitute a work-related injury that makes an employee eligible for medical treatment under the FECA. The employee must actually be diagnosed with COVID-19. The employee is required to produce a medical report from a qualified physician (as mentioned in 5 U.S.C. § 8101(2), that shows a positive test result for the virus based on established employment-related exposure to COVID-19.
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Provisions of preventive measures such as quarantine are not covered under the FECA. Preventive treatment is the responsibility of the employer.
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Federal workers in the United States claiming an injury following contact with COVID-19 must be in the performance of their duty within the meaning of the FECA. Just as other claimants, these employees have the same responsibility to establish the basic requirements of coverage. They must submit medical evidence supporting the infection and illness. Such a claim by the employee must be accompanied by a statement from the employer that fully explains the exposure and its relation to the employee’s job.
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Federal employees stationed in overseas locations, particularly China are at higher risk of contracting COVID-10. A claim submitted under the FECA must be accompanied by evidence of unique or heightened risk of contracting such a disease due to the worker’s position or job. This evidence will help establish the relationship between the overseas job and the claim associated with this infectious disease. Generally, the OWCP (Office of Workers’ Compensation Programs) will contact the employee in writing to explain the requirements and may also allow additional time to obtain medical evidence. If any additional assistance is needed, the employee can request assistance from the employing agency, especially in case of unusual factual or medical circumstances surrounding the claim.
The government advises employing agencies to contact OWCP DFEC’s Branch of Technical Assistance for any guidelines regarding specific claims or coverage issues. Attorneys handling medico-legal cases, medical review companies that assist them with various medical review solutions, employers, employees all need to stay abreast of the COVID-19 updates provided by the government. Anyone who has concerns regarding this new coronavirus must promptly get professional help, whether medical or legal.
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