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Call for a FREE Consultation:
(916) 438-1819 or (800) 391-8219
Hablamos Español
Мы говорим по-русски

Workers’ compensation for Covid-19 long-haulers

Workers’ compensation for Covid-19 long-haulersNovel coronavirus (COVID-19) has been around for almost a year now and has affected our everyday lives. COVID-19 long-haul symptoms can last for weeks or months even after the active virus has subsided. As of now, there does not seem to be a reason for some people to experience long-haul symptoms. Long-haul symptoms could affect anyone who has tested positive for COVID-19, even if they had very mild symptoms.

A report estimates that about 10% of COVID-19 patients will experience long-haul symptoms. If you become infected with COVID-19 due to your job in California, you may be able to receive workers’ compensation benefits. It can often be challenging to receive workers’ compensation benefits for infectious diseases. However, due to the pandemic, California has passed a new state law in order to make it easier to qualify for workers’ compensation if you contracted COVID-19 at work.

I am experiencing long-term side effects from COVID-19. Can Eason & Tambornini help me

If you contracted COVID-19 at your workplace and are still experiencing symptoms, please contact an Eason & Tambornini workers’ compensation attorney in Sacramento. We can help you through the process so that you can receive the benefits you deserve.

There is a long list of symptoms that COVID-19 long haulers can experience. Often for long haulers, their symptoms are different from their initial symptoms when they were first infected with the coronavirus. 

  • Fatigue 
  • Difficulty sleeping
  • Headaches 
  • Brain fog
  • Body aches
  • Joint pain
  • Loss of taste 
  • Loss of smell 
  • Shortness of breath
  • Coughing

There are currently two theories as to why some patients with COVID-19 experience long-haul symptoms. One theory is that the virus may remain in some small form in the patient’s body. The second theory is that even after the active COVID-19 infection has passed, some patients’ immune systems continue to overreact. There is still not much information available as to why some patients experience long-haul symptoms.  

It is unknown if COVID-19 long haulers will suffer from permanent damage to their health and cause permanent disabilities. Some COVID-19 patients who were seriously ill with the virus have developed acute respiratory distress syndrome that can cause permanent scarring to their lungs. It is unclear yet if long-haul sufferers who have respiratory issues but not a severe case of ARDS will have permanent scarring of their lungs. Scientists believe that long-haul suffers who experience continuing loss of taste and smell will not be permanent. 

If you acquired COVID-19 from your employment, you may be entitled to workers compensation benefits.  Two groups of employees that are most likely to receive workers’ compensation benefits for COVID-19 are essential workers such as healthcare workers and first responders who work in jobs with a high risk of being exposed to COVID-19. Also, employees who tested positive for COVID-19 during an outbreak at their workplace can receive workers’ compensation. 

If you were an essential worker and contracted COVID-19 during the shutdown, then you would be presumed to have contracted COVID-19 at your workplace unless proven otherwise. If you test positive for COVID-19 within 14 days of working at your employer’s business, then there is a presumption that you contracted COVID-19 from your job. 

The insurance company only has 30 days, instead of the typical 90 day time period, to deny your workers’ compensation claim unless they discover evidence that challenges the presumption that your COVID-19 diagnosis is work-related. You are required to use up any COVID-19 related sick leave benefits your employer has provided before you can begin collecting temporary disability benefits. If your employer did not provide any COVID-19 related sick leave, then the standard three-day waiting period for temporary disability does not apply.

The California Department of Industrial Relations states that employers must protect their employees from unhealthy and unsafe workplace conditions, including potential exposure to COVID-19. The new COVID-19 laws require employers to provide employees with face masks and adapt workplace operations to prevent exposure to COVID-19. Employers must also create a written COVID-19 prevention plan and conduct training for all employees on ways to avoid exposure to COVID-19. Employers also must evaluate the need for personal protective equipment depending on the level of risk of exposure in the workplace. If your employer does not have any COVID-19 safety precautions in place or those precautions are inadequate, we recommend contacting the Eason & Tambornini workers’ compensation attorneys. We may be able to help you file a serious and willful misconduct claim against your employer for not providing adequate protection against COVID-19.