Can I File A Lawsuit For Contracting COVID-19 While Working?

The global COVID-19 pandemic has affected the lives of many across the world. Most notably, healthcare workers and medical professionals have received widespread coverage regarding their shortage of materials and infection rates as they battle the pandemic on the front lines.

Even if you’re not in the healthcare field, you could get infected on the job. Whether you work at a grocery store, warehouse, retail shop, or slaughterhouse, there is a risk of exposure to the novel COVID-19 virus. If your employer did not take reasonable precautions to protect you, your coworkers, and the general public from infection, you may be able to take legal action.

To learn more about your legal rights after contracting COVID-19 while working, please keep reading.

Does Workers’ Compensation Cover COVID-19 Infections?

The answer is no for most states. In the majority of states, workers’ compensation does not cover community-spread illnesses, like the flu, because they cannot be specifically tied to the workplace. In some states, there are exceptions for chronic illnesses that resulted from repeated exposure to harmful chemicals and environments while on the job.

The COVID-19 pandemic has caused many jobs to be dangerous for workers, when they otherwise wouldn’t be. Health care workers, mass transit operators and grocery store employees are just a few examples of jobs that now have a high risk of exposure to the COVID-19 infection while at the workplace. 

In response to the pandemic, some states have addressed the issue head-on. 14 states have taken the step to extend workers’ compensation coverage to include COVID-19 as a work-related illness. Other states have made exemptions only for first responders or health care workers. Most states have not adopted changes and allow employers to deny claims where the employee’s infection most likely occurred outside of work. 

Can I File a Personal Injury Lawsuit for Contracting COVID-19 at Work?

If you are unable to receive benefits from your state’s workers’ compensation program or the amount given is not adequate, you may be able to pursue compensation through a personal injury lawsuit. “While workers’ compensation insurance is an important safety net for injured workers, workers’ comp benefits do not fully reimburse a worker for all lost wages or pain and suffering,” note lawyers from Harris & Harris Injury Lawyers. A personal injury lawsuit may open additional avenues for recovering compensation. 

If a loved one passed away due to a COVID-19 infection contracted on the job, your employer gave false information about the safety of the workplace, or your employer denied employees access to adequate personal protective equipment (PPE), you may have the grounds to file a personal injury claim due to employer negligence. 

How Long Do I Have to File?

Workers’ Compensation Claims

If you are filing a workers’ compensation claim, you must first report the accident to your employer in writing. Some states require an accident report as soon as possible, while others allow up to 30 days. Once reported, you generally have a year to two years to file a workers’ compensation claim. As each state differs, it is important to verify the time limit to ensure you do not miss the deadline. 

Personal Injury Lawsuits

Most states require civil claims be filed within two years after discovery of the injury or illness. To ensure you are able to file within the statute of limitations and have a strong case, consider speaking with a lawyer. 

Should I Hire a Lawyer for My Case?

If you are considering filing a lawsuit, consider speaking with an experienced lawyer in your area. An attorney can help you explore your legal right to compensation, estimate how much your claim may be worth, and empower you to take legal action. 

Many personal injury attorneys and workers’ compensation lawyers offer free consultations to help individuals determine if they have a case. If you are curious to learn more about your potential case and rights for compensation after contracting COVID-19 from the workplace, speak with an experienced attorney.