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Claiming Workers’ Compensation During Covid-19

Workers’ Compensation Lawyer

It’s been over a year since the first quarantine mandates were issued and it’s been a few months since restrictions have started to lift (with conditions). One thing is certain though, the wave after wave of worker’s compensation claims relating to Covid-19.

Ordinarily, occupational disease that arise out of and in the course of employment are covered by worker’s comp, but the compensability of Covid-19 sits on the fence as some statutes exclude ordinary diseases of life. Say for instance, you can be compensated for the development of a respiratory disease due to the inhalation of silica particles in a marble cutting occupation, but you can’t be compensated for getting a common cold. Some states don’t have this exclusion so it varies from state to state. That said the big question then becomes, does Covid-19 qualify as an “ordinary disease of life” especially since you’re more likely to contract it being in contact with other people in the workplace? 

To define the lines a bit more, the factor of the degree of one’s possible exposure to Covid-19 is also considered. A claim by an individual with a job working in healthcare will have more weight than a person who works alone and at home, but even then there’s no guarantee that you’ll be compensated.

Statically, out of the claims regularly submitted, between a third to one-half of all claims get denied depending on the state. A few of these denials get disputed so even though there’s a decent 50%-65% chance that your claim will go through, it seems people are discouraged from following through with legal action.

The major game changer that is driving these new claim avalanches is the delta variant which is discouraging people from returning to work given its significantly severe symptoms and infection potency. The problem for those making these new claims is that like most personal injury cases they’re being backed up by all of the existing cases that have yet to be processed because agencies believe that they can wait it out to where the client will be less determined to follow through on their claim; much like the aforementioned example. 

So are you eligible for compensation? Ultimately, the answer is maybe as statutes vary from state to state. So if you’re considering filing a claim, you should seek out the counsel of a workers’ compensation lawyer, such as one from Hurwitz, Whitcher & Molloy to see if you have a chance.

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.