New York Workers Compensation Attorneys and Covid 19
By: Michael Gregos Esq. & Michael Serres Esq.
If you contracted Covid 19 because you were exposed to it at work, you may be able to get Workers’ Compensation benefits. In order to begin your claim, you must follow the steps listed below.
The first step is to show proof that you actually have Covid19. If you tested positive for Covid 19, the next step is to give notice. Notice is perhaps the most important part of establishing a claim as it has the most strict time constraints. Under NY law, you only have 30 days to report the injury to your employer. In NY it is not enough to simply have suffered the accident, or in this case to be positive for Covid19, you must also tell your employer. If you have been diagnosed with Covid19, and you think you were exposed while working, tell your employer immediately. Sending an email or a text message would be the best way to give notice since the conversation would then be memorialized in writing. If neither is possible, a phone call to a supervisor or HR department would be sufficient.
Finally, to be successful in establishing your Workers’ Compensation case, it must be demonstrated that your Covid 19 illness stemmed from being exposed at work. This portion is mostly proven by doctors. It is therefore of paramount importance to have a conversation with your doctor as to whether you may have contracted it while working. Be sure to let your doctor know if you are an Essential Worker. Are you required to be at work? Does your work take place in a location where you were exposed to other positive people? It is not possible to establish a case, as the law currently stands, without a doctor stating that your illness is causally related to a work exposure.
Naturally we wish that you or your loved ones never contract Covid 19. However, if you are sick due to Covid19, tell your employer, and speak with your doctor to see if it is possible that you contracted it while working.
Lastly, if you would like our help, please give us a call at 718-626-7730. All of us here at Pyrros and Serres can help you file and receive NY Workers’ Compensation benefits.