As you know, the COVID-19 pandemic has drastically changed the way we all live our lives. Unfortunately for many of those in the workforce, they have contracted coronavirus due to being told that they must come to work, even as the pandemic raged on. This is unacceptable, and if you are one of those people, you are most likely wondering whether you have a claim against your employer, especially if you experienced serious medical complications because of the virus. Continue reading and contact Rubenstein, Berliner & Shinrod, LLC, to learn more.
Where We Currently Stand
If New Jersey employees become infected with the Coronavirus (officially COVID-19), this could open the door to claims for medical benefits, wage loss, permanency disability, or worse yet, dependency claims under our workers’ compensation laws. Would a claim for Covid-19 be considered under the New Jersey Workers’ Compensation Act? As of December 2020, there have been no specific rulings on the issue. Employers and insurance carriers should consider the potential application of workers’ compensation laws if an employee is diagnosed with Covid-19.
As with any alleged “occupational” medical illness, the issue for consideration in workers’ compensation is whether the illness—the infection—arose out of and during the course of the employment.
There may be certain professions where the connection between the workplace and the contraction of the illness are more likely to have occurred. For instance, healthcare workers treating or caring for patients who have tested positive for Covid-19 may have a stronger argument, with sustainable proof of a causal connection between exposure to the virus within the confines of the employment. For example, a nurse or other health care professional testing positive for COVID-19 immediately after rendering treatment to a patient who has tested positive for the disease.
Contact our experienced New Jersey firm
Currently, it is unclear whether employees will have the right to file COVID-19 workers’ compensation claims, however, if the time comes where this becomes legislation, our firm is here to help. As we learn more, we will bring this information to you. Contact Rubenstein, Berliner & Shinrod today to learn more.