{"id":7514,"date":"2020-05-12T10:50:57","date_gmt":"2020-05-12T10:50:57","guid":{"rendered":"https:\/\/wefight4you.com\/?p=7514"},"modified":"2020-05-12T10:50:57","modified_gmt":"2020-05-12T10:50:57","slug":"workers-compensation-and-employee-rights-amid-the-coronavirus-covid-19-pandemic","status":"publish","type":"post","link":"https:\/\/wefight4you.com\/workers-compensation-and-employee-rights-amid-the-coronavirus-covid-19-pandemic\/","title":{"rendered":"Workers Compensation and Employee Rights Amid the Coronavirus (COVID-19) Pandemic"},"content":{"rendered":"
Employees who had an accident or injury while in their workplace\u2014including exposure to coronavirus (COVID-19)\u2014may file a claim for work compensation under California’s Workers Compensation Act.<\/p>\n
All employers are obligated by federal laws to exercise safety precautions in the workplace and ensure a healthy working environment for their employees. The Occupational Safety and Health Act provides workers with the right to be protected from physical, chemical, and biological hazards, which include infectious diseases like the COVID-19 pandemic.<\/p>\n
An employee filing a claim for work compensation must submit certain forms within the legally allotted time limit in California to enjoy the benefits associated with being injured on the job, including contracting COVID-19. Under the compensation law, employers are required to cover the medical expenses of eligible employees, and workers who are unable to return to work due to a long recovery have the right to receive partial wage replacement. Once employees accept the workers’ comp benefits, they are waiving the right to sue their employer.<\/p>\n
In California, if an employee seeks to file a compensation claim for occupational injury, he must follow a three-step process:<\/p>\n
Before filling out injury claims, injured workers must first seek immediate medical attention and inform their treating physician that the injury is due to a workplace accident, or the illness was contracted on the job. As soon as medical care is received, the worker must report the injury or illness to his employer by writing a notice within 30 days.<\/p>\n
The period for filing a claim and the deadlines set would depend on the date of injury. Setting the date is easier for one-time events leading to the job injury, and more complicated for occupational diseases or cumulative trauma (injury occurring due to repetitive strain). If your claim falls under the latter category, the time period for filing compensation claims usually start on the first day that you were unable to work, or when you sought medical treatment.<\/p>\n