I was recently able to settle a workers’ compensation claim for a client of mine who contracted COVID-19 while in the course and scope of her duties at work. The settlement was over $100,000.
These COVID-19 cases are pretty limited. These cases are limited to essential workers, primarily health care workers. There is a presumption for health care workers that the COVID-19 infection was contracted at work. That presumption has to be rebutted by the Employer, who then must prove the COVID infection was acquired elsewhere. Well, how do they do that?
Likewise, for workers who are not first responders or health care workers, obtaining benefits or a settlement for contracting COVID will be quite difficult. Without this special presumption, the claim petition burden of proof remains as is. That means the injured worker has to prove that they contracted COVID at the workplace. How do they do that? Did they shop for groceries? Wear a mask at all times? Were they around friends or family? You can see this burden would be quite difficult to meet.
In the above-referenced case, our client was a health care worker who was tested twice weekly via company protocols. She also assisted patients who had contracted the virus. Subsequent to her infection, she unfortunately developed long haul COVID symptoms. For some reason, the employer approved her claim for medical benefits, but not for wage loss benefits while she was out of work. We filed a claim petition and eventually were able to reach an amicable resolution of the claim.
If you have been injured at work, contact Mooney Law today for a FREE consultation. Workers’ compensation is a complex law with even more complex procedures. At Mooney Law, we are proven, trusted, and experienced in Pennsylvania and Maryland workers’ compensation matters. We have collected tens of millions of dollars in benefits for injured workers throughout Pennsylvania and Maryland. Call today to schedule a fee consultation at 717-200-HELP or 717-632-4656. you can also email us at info@mooney4law.com. You can also visit our website at Mooney4Law.
