Covid-19

First Responders and Health Care Workers, including active firefighting members of specified fire departments or units; certain peace officers; fire and rescue services coordinators who work for the Office of Emergency Services; employees who provide direct patient care or custodial employees in contact with COVID-19 patients who work for designated health facilities; paramedics and emergency medical technicians; employees providing direct patient care for a home health agency; providers of in-home supportive services; and other employees of designated health facilities.

• Employees whose employers have five or more employees, and who test positive for COVID-19 during an outbreak at their specific workplace.
  • An outbreak exists if within 14 days one of the following occurs at a specific place of employment: (1) four employees test positive if the employer has 100 employees or fewer; (2) four percent (4%) of the number of employees who reported to the specific place of employment test positive if the employer has more than 100 employees; or (3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection of COVID-19.

In September 2022, these protections were extended to January 1, 2024.

If a presumption is not applicable to me, does that mean I’m unable to file a workers’ compensation claim for a COVID-19 related illness?

No. If you are an employee and suffer a job-related injury or illness, you are entitled to file for workers’ compensation benefits. You should tell your employer that you would like to file a workers’ compensation claim. They are then required to provide you with a claim form.  If you don’t qualify for a presumption under the new law, you may still be eligible to receive workers’ compensation benefits if you contracted COVID-19 at work. You will need to meet certain threshold requirements, including proving that your injury or illness arose out of your employment.

Pursuing benefits for a COVID-19 claim on your own can be complicated, especially if you are unfamiliar with California’s workers’ compensation laws.

An experienced attorney will understand how to represent your claim to help you obtain the benefits you deserve.

Contact J Smith Law, PC today to schedule a free no obligation case evaluation.