Since the early days of 2020, we’ve all felt the impacts of COVID-19 on our daily life. From toilet paper shortages and mask requirements to the rise of contactless delivery, it has definitely changed the country as a whole. With the CDC reporting more than 5 million diagnosed cases, many jobs have been impacted with some grinding to a halt altogether. If you contracted the Coronavirus from your job, you may be eligible to file a worker’s compensation claim. Kathryn Potvin of Olympia’s Putnam, Lieb, Potvin, Dailey can help with answers.
One recent study shows that “Roughly 1.3 million people filed new claims for unemployment benefits during the week ending July 11, the U.S. Department of Labor announced…Since the pandemic led to the temporary shutdowns of many businesses across the nation in March, more than 50 million people have filed new claims for unemployment benefits.” They show that approximately one third of service workers have been laid off, as well as nearly 20 percent of small business owners, construction workers, and those in sales.
Tracking COVID-19’s impact is tricky. Knowing when or where you caught it—if you’ve become ill—isn’t easy to trace. “The COVID-19 pandemic presents a unique circumstance where the many jobs that are not typically considered hazardous have suddenly become very dangerous for the workers,” say reports from the National Conference of State Legislators. “Workers deemed essential including health care workers, mass transit operators, and grocery store workers are at a high risk of exposure to the virus while at work. But the more hazardous working conditions do not guarantee that a COVID-19 infection would be covered under workers’ compensation in most states.”
Kathryn Potvin and the Putnam Lieb team are ready to help guide you through the often confusing red tape and legalese that comes with a worker’s compensation claim. “The claim can be filed as soon as the diagnosis is confirmed,” she explains. “Ask your diagnosing medical provider to file the claim. Workers have up to two years after learning of the work related diagnosis to file the claim. However, it is best to file the claim as soon as possible.”
The process can change depending on your industry. “Healthcare workers and first responders placed under quarantine may file a claim for time loss benefits,” says Potvin. “Additionally, there is a presumption that Covid-19 is work related if you are a healthcare worker or first responder. For everyone else, it is the worker’s responsibility to prove that they contracted COVID from their employment.”
What’s covered also varies. “If you contract COVID in a way that is not work related, you may be eligible for paid family and medical leave or unemployment benefits,” says Potvin. “The workers compensation act offers medical and other disability benefits that are not paid by sick leave or the employment security department. Many workers earn more on time loss from their workers compensation claim than they will through the employment security department or through paid family and medical leave.”
Should you or a loved one contract a serious case, there are options as well. “If the illness leaves the worker with permanent disability, the worker may be eligible for vocational services and permanent disability compensation. If the illness is fatal, there may be funeral benefits and pension benefits payable to the surviving spouse and dependents.”
Claim forms and paperwork and medical reports can feel overwhelming. This is where a skilled legal representative is a true ally. “An experienced attorney can assist in maneuvering through the workers compensation system that can be confusing and complicated,” agrees Potvin. “There are also times when the workers compensation carrier wrongly rejects a claim or denies benefits. We can assist in fighting for those benefits. All legal consultations are free so we encourage workers to call whenever they have questions about their rights for COVID or other work related claims.”
Follow Washington State’s coronavirus guidelines at Coronavirus.WA.gov then read more about Coronavirus-impacted worker’s compensation issues through the Washington State Department of Labor & Industries dedicated portal and resource pages then request a consultation with Potvin and her fellow attorneys online or by calling 360-754-7707. They’re also still assisting injured workers and car accident victims as well. They’ll handle the entire process from start to finish so you and your family can concentrate on getting back on your feet.
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