Torrance Workers Compensation Claims and COVID

The COVID-19 pandemic forced many public processes throughout California to change very rapidly in a short amount of time. While many people were forced to work from home and limit nonessential travel outside of their homes, many California workers in the health care industry continued to work even harder during the pandemic, facing increased risk of exposure to the COVID-19 virus while performing their job duties.

Assisting Torrance, CA, Clients With Workers’ Compensation Claims for COVID

The Families First Coronavirus Response Act (FFCRA),signed into law in 2020, expanded access to paid medical leave and sick leave for workers in the health care industry. This was intended to account for their increased exposure to the virus and the likelihood of repeat infection due to the nature of their work.

Special Rules for Workers Affected by COVID-19 in California

In California, workers who contract the coronavirus and are unable to work because of it have greater access to paid leave than they did previously for other illnesses. In addition to the benefits ensured by the FFCRA, the 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) law in California provides an additional 40 hours of coronavirus sick leave for covered employees between January 1, 2022, and September 1, 2022, even if they have already used sick leave provided by the FFCRA.

If you or a loved one worked in the California healthcare industry and contracted the COVID-19 virus through the course of your employment, this would be a covered job-related illness that would entitle you to workers’ compensation benefits. Unfortunately, many Torrance, CA, workers afflicted by COVID-19 have struggled to secure the workers’ compensation benefits they need for these illnesses and navigate the FFCRA and SPSL claim processes.

Representing Sick Health Care Workers in Torrance, CA

Pratt Williams has a team of experienced California attorneys who have helped many past clients recover from all manner of work-related illnesses and injuries. The COVID-19 pandemic compelled many businesses to change their practices, but the medical emergencies imposed by the virus forced many health care workers to work even harder than before and in more precarious working conditions. If you are unsure of your rights and your eligibility for disability benefits after contracting the coronavirus at work, our firm can help you understand your legal options for recovery.

Many people who catch COVID-19 develop permanent lung damage from the symptoms of the virus. It’s possible to qualify for long-term disability benefits if this applies to your situation, but you must prove that you caught the virus through the course of your job duties. This can be very challenging in some cases, and many workers’ compensation insurance carriers will attempt to reduce their liability for claims whenever and however they can.

Working with an experienced Torrance workers’ compensation attorney is the best way to approach the recovery process after you or a loved one has suffered adverse medical complications from the COVID-19 virus. The team at Pratt Williams has carefully tracked government response to the coronavirus pandemic, and we know the challenges facing employers and employees during this unprecedented crisis, especially those in the health care industry.

Healthcare workers have incredibly demanding jobs, and healthcare systems across the country have been overburdened since the beginning of the pandemic. They deserve fair compensation when they get sick while performing critical job duties. Our goal is to help our client take full advantage of the COVID-19-specific benefits through the California workers’ compensation system and those ensured by federal law. We are also prepared to help our clients explore further legal recourse and resolve disputes or claim denials if necessary to assist in their recoveries from their work-related illnesses and injuries.

How to File a Workers’ Compensation Claim in California

California’s workers’ compensation laws require virtually every employer in the state to carry workers’ compensation insurance. Additionally, they must comply with all recently enacted state-level and federal-level coronavirus provisions regarding employee sick leave. If you contract the coronavirus from work,you must notify your employer immediately and refrain from entering your workplace to avoid exposing others to the virus. In addition, follow all locally enforced isolation and quarantine orders and your doctor’s instructions for managing your condition.

Most California employers have been reasonable, accommodating, and ethical in their handling of employee illness and sick leave claims during the coronavirus pandemic. Unfortunately, this has not been true for every sick worker in Torrance, and many have faced arduous proceedings to secure fair benefits. A typical workers’ compensation claim begins with notification of the injury to the employer and the creation of a formal incident report. At this point, the employer should provide the injured employee with the forms they need to file their workers’ compensation claim.

Filing a claim for workers’ compensation benefits is very similar to the process of filing any other type of insurance claim. The employer’s insurance carrier will likely require the claimant to undergo a medical examination from a local physician. This physician will assign a disability rating based on the severity of the worker’s condition. When it comes to the coronavirus pandemic, an injured worker who has developed permanent lung damage and other long-term adverse effects from COVID-19 could qualify for a relatively high disability rating.

The disability rating will determine the level of disability benefits the worker can expect from the insurance company. While every covered worker can expect full compensation for all the medical expenses they face for their workplace injury, the ongoing disability benefits they could receive are more flexible. For example, when a worker cannot work at all until they recover, workers’ compensation typically pays about two-thirds of their average weekly wage in weekly disability benefits until they recover. However, if they can handle light duty or alternative, lower-paying work after their injury, they may qualify for partial disability benefits that help make up their lost earning power.

When it comes to the coronavirus, most California employers will require employees who test positive to isolate and receive treatment and then provide a negative test before returning to work. The FFCRA and California SPSL systems may provide substantial paid sick leave for covered workers, but many healthcare workers afflicted by COVID-19 will still need to file workers’ compensation claims when they sustain long-term harm from the virus.

What Can a Torrance Workers’ Compensation Attorney Do for Me?

COVID-19 has caused lasting harm to many health care workers and other employees in various industries in California. Recovery has been very challenging for many of these people, and they often face a wide range of unexpected legal obstacles in their efforts to recover. California has enacted some of the broadest legal protections and benefits options for employees struggling in the aftermath of COVID-19 infection. Unfortunately, while these programs have helped many sick workers recover during a very challenging medical crisis, they have not worked as intended for all workers afflicted by the pandemic.

Any workers’ compensation claim can pose significant challenges, but recent cases pertaining to COVID-19 have proven to be exceptionally challenging for many employees in various industries in California. Some employees may face challenges in the preliminary stages of their recovery efforts following a COVID-19 diagnosis, especially if they suffered long-term damage from the virus. In addition, miscommunications can arise between employees and their employers, and some sick workers may not know the full scope of recovery options available to them.

Pratt Williams can help a client determine their best options for legal recourse following severe illness from COVID-19. However, if you have encountered any unethical or unfair treatment from your employer after reporting your illness, or if you are unsure what level of benefits you qualify to receive through the FFCRA and California SPSL, it is essential that you speak with an experienced Torrance workers’ compensation attorney as soon as possible.

If you have experienced any form of employer retaliation in response to your request for sick leave and/or workers’ compensation claim forms after you have contracted COVID-19 from work, you could have grounds for a civil action against your employer. Additionally, your legal team can assist you with filing your workers’ compensation claim, significantly improving your chances of securing the benefits you need as quickly as possible.

Resolving a Workers’ Compensation Claim in California

COVID-19 is known to cause various long-term medical complications for some people who contract the virus, namely respiratory complications. These adverse effects can make it difficult or impossible for them to resume their previous work duties. They may be compelled to accept lower-paying work or train for a new job entirely. It’s possible for some workers afflicted by long-term COVID complications to transition to working from home, but this isn’t an option for every affected worker.

Whenever a covered employee has sustained long-term or permanent damage from a work-related illness or injury, they are typically entitled to ongoing disability benefits until they reach maximum medical improvement. However, when a case entails the permanent loss of function of any kind, the insurance company is likely to offer a lump-sum settlement to offset the need for an extensive ongoing benefits arrangement. A large lump sum could be attractive to an injured claimant, but it is best for anyone in this situation to have an attorney review the insurance company’s offer to ensure it is fair and reasonable.

Due to the widespread effects of the coronavirus pandemic, hospitals, and other medical treatment centers have enacted very strict policies intended to keep workers as safe as possible, to minimize transmission of the COVID-19 virus, and to improve outcomes for all patients admitted into their care. Of course, it’s possible for an employer or an insurance company to dispute that a sick health care worker contracted their illness from work, but this would be very challenging for any health care employer to argue under the current circumstances. Ultimately, if you encounter any initial resistance to your claim, your attorney can address it on your behalf before guiding you through the claim determination process.

It is possible for some injured workers to have grounds for further legal action beyond their FFCRA, California SPSL, and workers’ compensation claims in response to COVID-19 infection. While this is rare for sick workers struggling with COVID-19 infection from working in healthcare, if an employer fails to uphold important workplace safety protocols or violates any new pandemic response statutes, they may face severe penalties and extensive liability for the victim’s damages.

Time is a critical factor for any injured or sick employee in California. COVID-19 can cause a host of long-term or permanent health complications for anyone, resulting in extensive medical treatment costs and lost income from the inability to work. Whatever your case may entail, the team at Pratt Williams is ready to assist with your recovery. We know the challenges workers in the Torrance, CA, industry face due to the continuing pressure of the coronavirus outbreak and the legal complications they are likely to encounter in their recovery efforts.

We take a client-focused approach to legal counsel for our Torrance, CA, clients, addressing each client’s unique concerns and providing ongoing support as their proceedings unfold. We know how insurance companies in California tend to handle claims for work-related illnesses and the problems they have had with claims pertaining to COVID-19. Life insurance companies have been contending with extraordinarily high claims for death benefits, while workers’ compensation insurance carriers have faced tremendous pressure from claims from sick health care industry employees. Despite these unprecedented challenges, all insurance companies are still legally required to process all claims for coverage in good faith.

Pratt Williams can offer the comprehensive and compassionate legal counsel you need to fully explore your options for legal recourse after developing COVID-19 complications from your work. We have assisted many Torrance, CA, health care workers in their recovery efforts and closely watch the latest developments in the state’s COVID-19 response. If you believe you have grounds to file a workers’ compensation claim for your recent COVID-19 infection, we can help. Contact Pratt Williams today to schedule your consultation with our firm and learn more about the various legal services we can provide in your situation.