COVID-19 Workers’ Compensation Attorney
The COVID-19 pandemic has swept across the United States and the state of California. While stay at home orders went into effect fairly quickly and kept many people from going to work, there were still many exceptions to these orders concerning workers labeled as “essential.” In general, obtaining workers’ compensation for a viral illness can be challenging. However, California has altered the law in these situations in order to make it easier for certain COVID-19 workers’ compensation claims to be made. If you or a loved one have contracted COVID-19 during the course of your employment, you need to speak to an COVID-19 worker’s compensation lawyer at Bentley & More, LLP.
Why choose Bentley & More, LLP?
If you are suffering from COVID-19 that you contracted at work, the skilled legal team at Bentley & More, LLP is ready to get to work on your coronavirus workers’ compensation case.
- We provide aggressive legal representation to injured workers across the state of California.
- We ensure that every client gets individualized attention, and we tailor the case to meet the client’s needs.
- We take COVID-19 workers’ Compensation cases on a contingency fee basis, which means we will not collect legal fees until after we secure the compensation you need.
What will a workers’ compensation attorney do to help?
Workers’ compensation cases can become complex, particularly if an employer denies a claim. Even with the rebuttal presumption we discuss below, an Orange County workers’ compensation lawyer may be necessary in order to help you:
- Gather all evidence related to your COVID-19 diagnosis.
- Ensure you are evaluated by a trusted medical professional.
- Properly calculate your total losses.
- Handle any appeals process necessary if your claim is delayed or denied.
California law changes for COVID-19 workers’ comp claims
California Governor Gavin Newsom issued an executive order on May 6, 2020, that creates a rebuttal presumption that a workers’ COVID-19 illness arose out of the course of their employment for the purposes of them obtaining benefits through workers’ compensation. This will help certain employees gain coverage after contracting this disease because it is traditionally difficult for workers to obtain coverage for a virus that is widely contracted by the general public. In other words, this executive order places the onus on the employer to prove that the COVID-19 diagnosis did not occur at work.
In order for this presumption to apply, a worker must have:
- Been diagnosed with COVID-19 or tested positive within 14 days after performing work for their employer at any location other than their home (this applies between the dates March 19, 2020, and July 5, 2020).
- If the employee is diagnosed with COVID-19 but not tested, this diagnosis must have come from a licensed physician, and the diagnosis needs to be confirmed within 30 days through further testing.
Under this executive order, employees will be entitled to full workers’ compensation benefits. It is important to note that the executive order applies only to workers who must work outside of their homes while stay at home orders are in place (essential workers defined by law).
Let our COVID-19 workers’ compensation attorneys help today
If you or somebody you love has contracted COVID-19 at work, contact the team at Bentley & More, LLP today. We are going to thoroughly investigate your case in order to secure full compensation for your coronavirus workers’ comp claim. Our goal is to ensure you receive full coverage of your medical expenses and lost wages. When you need a COVID-19 workers’ compensation attorney, you can contact us for a free consultation of your case by clicking here or by calling (949) 870-3800.