An Important Announcement re: COVID-19 from Founding Attorney JAE LEE LAW
In the wake of the novel coronavirus pandemic (“COVID-19”) which is sweeping across the United States, many companies have begun transitioning their workforce to working remotely. However, there are still many companies that require their employees to report to work whether it be at an office or a job site. The question arises… if you get the coronavirus at work are you eligible for workers compensation.
Does Workers’ Compensation Cover Coronavirus?
In the wake of the novel coronavirus pandemic (“COVID-19”) which is sweeping across the United States, many companies have begun transitioning their workforce to working remotely. However, there are still many companies that require their employees to report to work whether it be at an office or a job site. The question arises… if you get the coronavirus at work are you eligible for workers compensation.
To be eligible for workers’ compensation benefits, you must meet several criteria. In order to be eligible, an employee must get sick or injured on the job while acting within the scope of his or her employment.
In most cases, merely missing some time from work due to an illness does not meet the criteria. To be within the scope of employment does not require that you are performing your specific job duties, rather it may be as simple as coming into contact with COVID-19 in the bathroom or the hallway of your office. Furthermore, you may be eligible if you become infected while (a) making a client visit; (b) attending a conference for work; (c) attending a work-related function or event; or (d) going to the store for work-related purposes.
In order to recover workers compensation benefits, employees must be able to prove that their coronavirus exposure is work-related. This is not always easy to do. Further, whether or not coronavirus exposure is an allowable, work-related condition is dependent on the individual state’s law. What is important to know is that your employer does not necessarily have to be at fault in order for you to claim benefits.
Are there any situations where an employee can sue for the Coronavirus?
There are certain circumstances to keep in mind in which you may sue your employer for contracting the coronavirus. Employees can sue their employers for what amounts to “gross negligence”. An employer’s failure to protect his or her employees from infection may trigger gross negligence. In addition to suing your employer in certain circumstances, employees may also be able to sue third parties who are responsible for spreading the coronavirus. In this scenario, only “ordinary” negligence is required. If you were exposed to the virus at work because of another company’s negligence you may have grounds to file a coronavirus lawsuit.
It is important to be diligent in these trying times and follow up with a health care professional should you exhibit any symptoms of the coronavirus. You should also be advised of your legal rights concerning exposure and infection. If you have any questions and would like to speak with a lawyer about your or your family’s legal rights, submit your contact information and we will follow up with your promptly.
At Jae Lee Law, we are highly experienced in handling All cases. Contact the Fort Lee Attorneys today or by telephone at 201 346-3800 to speak with a knowledgeable lawyer. Free Consultation, and we don’t get paid until you do.