Worker’s Compensation and COVID-19

If you are deemed an essential worker during this pandemic, you may be able to file a personal injury claim on top of your worker’s compensation claim. Suppose your employer is not following the CDC guidelines and using best practices for social distancing or cleaning and disinfecting the workspaces. In that case, you have a right and a moral duty to report what you have experienced or seen as it has occurred. Please note, it is a direct Occupational Safety and Health Administration (OSHA) violation to neglect to report or notify employees of a confirmed COVID-19 case. Workers’ compensation claims are usually covered if the injuries were deemed unintentional by an accident or exposure at work. Since the potential recovery for COVID-19 related claims may be much higher, you may file a lawsuit in court to claim intent or willfulness that caused your personal injury. Right now, in the media, COVID-19 is a hot topic item. Therefore, your lawsuit, depending on how severe your damages and the claims are, may attract media coverage. It’s essential you follow your attorney’s instruction on whether or not you partake in an interview from a newscaster. Generally, the things that you say and do out in public are no longer protected by the attorney-client privilege and may be used against you at trial. It is beneficial to you to file both a personal injury claim simultaneously with a worker’s compensation claim. Workers’ compensation claims are resolved by a hearing during a bench trial, meaning there is no jury present. The solution is determined by a hearing officer or administrative law judge. In a wrongful death or personal injury claim, the decedent’s family could have a jury of their peers evaluate the evidence and decide the amount recovered. Another benefit of filing a personal injury claim is that juries tend to award a higher amount than when the case is solved during a bench trial. Additionally, workers’ compensation claims are very time-consuming. Generally, it will be a faster process toward more recovery to file a personal injury claim.