California employees who are infected with COVID-19 will be able to access their workers’ compensation benefits faster. This is due to the executive order signed by Governor Gavin Newsom on May 5, 2020.
Unlike the original criteria, which only included essential workers, Governor Newsom’s executive order released these paid sick leave benefits for all workers. However, to do so, the worker must meet certain criteria in case of false or misleading information:
- Must be diagnosed with COVID-19 by a licensed physician
- The employee has tested positive within 14 calendar days preceding the last day the employee worked. If you wait, it will take longer to get an official diagnosis. And it will be more difficult to prove that you contracted COVID-19 at work.
- The diagnosis should have been given between March 19 and July 5, 2020.
- You should be working at your workplace, not at home.
Benefits from California COVID Workers Compensation
If the employee meets the aforementioned criteria, they will obtain:
A prompt response. The insurance company only has 30 days to accept or reject the request. The worker will not have to wait the normal time of 90 days.
Medical treatment. You will be paid for the treatment you require from the health facilities and you will be reimbursed for the expenses you have made so far.
Temporary disability benefits. To receive it, you must first use up your federal sick leave benefits for COVID-19 and then obtain a Temporary Disabled certificate from a doctor.
Death benefits. If a worker meets the criteria but dies from COVID-19, their family may be entitled to compensation for wrongful death, depending on the number of inheritors they have, and their relationship with the deceased.
Be Careful, Not Everyone Agrees!
If you test positive for COVID-19 during work and meet the above criteria, you need to seek legal advice immediately. This is because obtaining California COVID workers compensation may not be as easy as Governor Newsom said.
California employers, represented by the California Chamber of Commerce, have spoken out against the governor’s executive order. They have even stated that it will increase costs for companies “when they are struggling to keep Californians employed.”
CalChamber said that the private sector did not cause this crisis and it should not be the safety net to pay for it. Therefore, workers should be able to receive benefits under the federal CARES Act, instead of transferring the cost of the pandemic to employers.
As if that were not enough, Governor Newsom announced the specific criteria under which employers may refuse to comply with a COVID-19 workers’ compensation petition.
So it is in your best interest to have legal advice to avoid the violation of your worker’s rights, especially those who are at risk of infection or are in contact with COVID-19 patients.
Need to Claim California COVID Workers Compensation? Farahi Law Can Help
At Farahi Law Firm we are available 24/7 to answer your questions about employment law and workers’ compensation.
We have the specialists to advise you and get the compensation you deserve. Please, do not hesitate and contact us today! If you prefer, you can call us at (844) 824-2955 for a free evaluation of your case.
