On May 6, 2020, Governor Newsom signed into law Executive Order N-62-20, related to workers’ compensation benefits and COVID-19. Under the Order, if specific conditions are met, injuries and death arising from COVID-19 and related complications are presumed to be work-related for the purposes of awarding workers’ compensation benefits. What this presumption provides is that a worker does not need to prove that COVID-19 was caught during the employment to obtain benefits.
The conditions for this presumption to apply are as follows:
(a)The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction;
(b)The day referenced in subparagraph (a) on which the employee performed labor or services at the employee’s place of employment at the employer’s direction was on or after March 19, 2020;
(c) The employee’s place of employment referenced in subparagraphs (a) and (b) was not the employee’s home or residence; and
(d) Where subparagraph (a) is satisfied through a diagnosis ofCOVID-19, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis.
Once a claim is accepted for a COVID-19-realted illness, a worker is eligible for all benefits in the workers’ compensation system, including full hospital, surgical and medical treatment, wage replacement income, disability compensation, death benefits, future medical care, rehabilitation services, etc.
Please contact our office for a free consultation to see if you are entitled to workers’ compensation benefits if you believe you have suffered an injury or illness arising from COVID-19 that was caught at your place of employment.
Likewise, if you are the dependent of someone who has unfortunately died as a result of COVID-19 and related complications, please contact our office for a free consultation to see if you are entitled to workers’ compensation cash benefits.
