Get Workers’ Compensation for COVID-19 at Cruz & Associates

Posted in Firm News,Workers Compensation

If you or a loved one has contracted COVID-19 in the workplace, you may be entitled to compensation. Because contact is difficult to trace and the moment of contraction is hard to pin down, this can be a lengthy and intricate process. With the workers’ compensation attorneys at Cruz & Associates on your side, however, it is absolutely possible.

Our experienced lawyers specialize in helping communities get the compensation they deserve, even when it comes to COVID-19. We’re located in both Phoenix and Atlanta, and serve the surrounding areas with bilingual legal aid.

Can I Prove I Contracted COVID-19 at Work?

If an employee falls ill with COVID-19 or suffers death from the illness, a file must be claimed within 21 days. Under Georgia law, it is unlikely but possible that COVID-19 could be a compensable disease. Unlikely but possible. To be compensable, an employee must prove that the disease came from a particular trade, occupation, process or employment.

Five Factors

After you’re able to prove that your sickness logically came from your employment, you must also satisfy these factors as determined by the official State of Georgia Workers’ Compensation COVID-19 Guide:

  • A direct causal connection between the conditions under which the work is performed and the disease;
  • That the disease followed as a natural incident of exposure by reason of the employment;
  • That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
  • That the disease is not an ordinary disease of life to which the general public is exposed;
  • That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence as those diseases.

Numbers three and four are often the most difficult factors to prove. Since so few people have absolutely no other risk of exposure beyond their workplace, it’s often difficult to attain workers’ compensation for COVID-19. However, that doesn’t mean it’s impossible and our team can help walk you through the process.

Areas of Inquiry

During investigation, other possible sources of COVID-19 contraction will be evaluated. Investigators may inquire about:

  • Employee’s job duties/length of employment
  • Employee’s symptoms, diagnosis, treatment, test results
  • Employee’s allegation regarding exposure
    • Have co-workers, vendors, clients, patients tested positively?
  • Other possible sources of exposure
    • Roommates, family, friends?
  • Recent travel (personal and/or business)
    • What, when, where, for how long, purpose?
  • Secondary employment
  • Use of mass transit/public transportation/carpools
  • Hobbies/recent events prior to diagnosis (concerts, sporting events, rallies)
  • Social media activity
  • Medical canvasses
  • Experts—epidemiologists, infectious disease specialists, industrial hygienists
  • Results of governmental investigations (OSHA, CDC, local health authorities)
  • Employer precautions
    • Did the employer follow CDC guidelines, what other measures did the employer take to prevent spread?

Schedule Your Consultation with Cruz & Associates Today

If you are found fit for workers’ compensation due to COVID-19 contraction, you can expect your medical bills to be covered by your employer, along with other financial benefits. The team at Cruz & Associates can help make this a reality for you. If you believe you or a loved one have contracted COVID-19 at work, there’s no time to waste. Contact our team of bilingual attorneys for the best workers’ compensation representation in Atlanta. Get started by filling out our online contact form today.