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Corona Virus WORKERS COMPENSATION

workers compensation corona virus

THIS WEBSITE IS THE PRODUCT OF A WORKERS COMPENSATION ATTORNEY AND IS NOT AFFILIATED WITH ANY WORKERS COMPENSATION INSURER.  FURTHER IT IS NOT AFFILIATED WITH THE STATE OF MARYLAND NOR ANY GOVERNMENT ENTITY WITHIN THE STATE OF MARYLAND.  Information contained herein is provided for informational purposes and expresses opinions and information best known at the time it was written.  This information and does not create an attorney to client representation.

Corona Virus Workers Compensation

Maryland Workers Compensation Lawyer

Maryland Workers Compensation Law

Corona Virus workers compensation is workers compensation available to those who have contracted the virus while working.  Depending on your occupation you may be covered by workers compensation if you test positive for COVID19.  Corona Virus workers compensation may be available for certain people who have become exposed to and were later diagnosed with COVID19 virus.  There are various benefits available to an employee who contracted COVID19 while working.  Paid for medical expenses, lost wages, and compensation for any permanent damage are some of those available.  Read on for further explanation of Corona Virus workers compensation.

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What to do if you are exposed to COVID19 Corona Virus Disease 2019 AT WORK- Workers Compensation

If you have been exposed to Corona Virus 2019 (COVID19) while working here is a checklist of things that you should do to protect any workers compensation benefits to which you may be entitled:

  1. Immediately notify a supervisor and other employees of the exposure.  DO SO IN WRITING and keep a copy(s) for yourself.
  2. Get as much contact information as possible from the individual to whom you were exposed.  This is especially important if they were the sole person at your place of employment who tested positive for the virus.  Do so without violating Hippa or other privacy laws and regulations.
  3. Seek medical attention. 
  4. Note on a trusted calendar source the date of exposure as well as 1 year from the date of the exposure.  The statute of limitations on these cases will likely be 1 year.  After 1 year you may be completely barred from filing a workers compensation claim.
  5. If you are tested for Corona Virus and are positive contact a workers compensation attorney to discuss filing a workers compensation claim form.  You may of course contact a workers compensation attorney for a free consultation even if you do not test positive.  Filing a claim form is only the first step in the workers compensation process.  If help is needed filing the claim workers compensation attorney can help.  This will stop the 1 year statute of limitations from running however further steps are needed to prevent the five year statute of limitations from running.

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If you have been exposed to and contracted Corona Virus at work contact Baltimore Workers Compensation Attorney Andrew M. Rodabaugh !   No fee unless money is recovered!

Call Us, Click to email  or Fill out the Form below!

 

Corona Virus Workers Compensation

As we have read numerous times by now the Corona Virus pandemic is unprecedented.  The health, economic, and social implications we are currently enduring are like those only a few have experienced.  Likewise the workers compensation law that will develop from this virus is unprecedented so there is no clear legal precedence workers comp lawyers and those affected by the virus can refer to to make a strong case.  There is however some past experiences that we can use to bolster the argument that all workers exposed to the virus who contracted virus are entitled to workers compensation benefits.

Workers compensation claims fall under two categories- accidental injuries, and occupational diseases.

Most claims of corona virus workers compensation will likely arise under the occupational disease category.  An Occupational disease is a disease that caused death or disability, due to the nature of an employment which hazards of the disease exist.  The disease must manifest in a way that is consistent with those known to result from exposure to a biological, chemical, or physical agent that is attributable to the type of employment the covered employee was employed.

Example:

An Occupational disease is a disease that caused death or disability, due to the nature of an employment which hazards of the disease exist.  Corona Virus is a disease.  Those infected with the disease at a severe are admitted to hospitals.  Nurse A contracted the Corono Virus while caring for a particular patient at the hospital.  The disease caused Nurse A to be disabled- ill and missed time from work.  The disease must manifest in a way that is consistent with those known to result from exposure to a biological agent that is attributable to the type of employment.  Nurse A’s symptoms manifested are those of COVID19.  Exposure to COVID19 is a biological agent and is high exposure is likely in hospitals versus many other employment venues. Nurse A is entitled to Corono Virus Workers Compensation.

There are some exceptions of corona virus workers compensation that may fall under the accidental injury category.  An accidental injury is an injury that arises out of and in the course of employment.  More clearly stated these are the typical work injuries we think of such as a fall leading to a broken bone or a car accident while making a delivery.  There is some potential for an employee to qualify for corona virus workers compensation benefits if they are injury in an “accidental injury” that leads to contracting COVID19.  

Example:

Employee A is in the office shuffling papers on a coworkers desk attempting to find a particular document.  Employee A accidentally stabs herself on the coworkers diabetes testing needle.  Employee A confirms that the coworker had COVID19 at that time.  Employee A contracts the disease and will likely be entilted to Corona Virus workers Compensation. 

What occupations may be covered by Corona Virus Workers Compensation

While it is not certain, it is likely medical workers, hospital staff, medical offices, nursing home workers, and emergency response workers such as emt’s, firefighters, and police will qualify for Corona Virus workers compensation.   These workers may be directly exposed to the COVID19 because their occupation requires them to be in a unique setting exposed to a unique risk.  Nurses, doctors, nursing assistants and hospital staff are in such a setting as the amount of patients infected with COVID19 arrive at the hospital.  Nursing home workers who see an increased infected population would likewise qualify.  As EMT’s and firefighters are required to transport infected from their homes to the hospital they too may qualify.

There are a number of other employees that may qualify for Corona Virus workers compensation if they contract the disease although it is very unclear if the Maryland Workers Compensation Commission will find in their favor because, again, this is an unprecedented circumstance.  This may include employees that are required to attend work during the crisis.  The argument to be made, although not necessarily a strong argument, is that the employee was subject to a unique work atmosphere because they were required to go to work at a time of shut down.  Further the employee was subject to a inherent risk at work because they were essential personnel.

In some circumstances an employee may qualify for Corona Virus workers compensation if they contract the disease in an unusual way which can be described as an accidental injury.  For example, the exchange of bodily fluids in a specific event such as an infected inmate projecting the same into the face of a correctional officer.  Another example may be an employee accidentally being stabbed by a hypodermic needle of an infected.  While these cases may be few and far between they very well arise.  For those that are exposed it is important to discuss the potential rights to Corona Virus workers compensation benefits with a qualified workers compensation lawyer. 

If you have been exposed to and contracted Corona Virus while at work contact Baltimore Workers Compensation Attorney Andrew M. Rodabaugh !   No fee unless money is recovered!

Call Us, Click to email  or Fill out the Form below!

  

What Maryland workers compensation benefits are available to those workers who have contracted Corona Virus?

The benefits available to someone that has a compensable workers compensation claim that resulted from contracted COVID19 are largely the same as any other workers compensation recipient.  I use the word compensable because workers comp benefits are not automatic and often require the attendance of one if not multiple hearings.  The claim must be deemed compensable by the Maryland Workers Compensation Commission.  I would predict most workers compensation insurers will fight these claims increasing the likelihood of necessary hearings before Corona Virus workers compensation benefits are paid. 

Lost Wages/ Temporary Total Disability

Lost wages are paid to an employee who is injured on the job and is unable to work.  This would be a corona virus workers compensation benefit available to those diagnosed with the disease.  Temporary total disability benefits are paid at 2/3 of the injured employees average weekly wage.  Temporary total disability benefits are capped at $1,080 for cases arising in the year 2020.   Unfortunately, for a nurse who may be making $70,000 a year a loss in income is a real possibility.

Paid for medical treatment

Those employees who are deemed to have a compensable corona virus workers compensation case will be entitled to have all their medical bills paid.  This may not mean much to those who have health insurance however for many this is a vital benefit.  Severe corona virus cases may require respiratory therapy if there is permanent lung damage (note this is not a medical opinion and purely an assumption).  The expense of physical therapy could certainly add up quickly considering co-pays and travel related expenses which are also covered.  

Permanent Partial Disability

Permanent Partial Disability benefits are available to those who maintain some sort of permanent injury or damage to their body as a result of a work place injury or occupational disease.  Despite its name, permanent partial benefits are not permanent in nature and are paid for finite period of time.  The amount of benefits are determined by the injured workers average weekly wage and state determined rates of pay.  Corona virus workers compensation benefits in the form of permanent partial disability will mimic those paid in any other case.  

Note that public safety employees such as EMT’s, firefighters, and police who have contracted COVID19 will be entitled to an elevated permanent partial disability award because of their status as “public safety” employees.  For further reading on increased permanent partial disability payments go here.

 

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If you have been exposed to COVID19 at work contact Baltimore Workers Compensation Attorney Andrew M. Rodabaugh !   No fee unless money is recovered!

Call UsClick to email  or Fill out the Form below!

I needed a lawyer for my workers compensation case. I was referred to Mr. Rodabaugh. I was very nervous about the case, and a little overwhelmed. Mr. Rodabaugh took extra time to talk to me (lots of questions he answered over the phone) and explained step by step of how everything worked. He was very confident, and made me feel comfortable with my case and decision. I highly recommend Mr. Rodabaugh.
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Summary
Article Name
Corona Virus Workers Compensation
Description
Corona Virus workers compensation may be available for certain people who have become exposed to and were later diagnosed with COVID19 virus.
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Publisher Name
Work Injury Maryland