Are You Entitled to Workers Comp in Manhattan if You Contract COVID-19 at Work?

Are You Entitled to Workers Comp in Manhattan if You Contract COVID-19 at Work?
Calendar icon September 3, 2020 | Reading Time: 4 min

Right now, a lot of personal injury lawyers in Manhattan are getting calls about workers’ compensation claims. Many of these calls are coming from people who have tested positive for COVID-19. These people are wondering if they can collect workers’ compensation benefits if they get the Coronavirus at work. Others are wondering what sort of benefits they will be entitled to in New York.

Many of the people who are contracting the illness at work tend to work in the healthcare field. Many others work as first responders or in some other capacity where they come into contact with the public. For example, bus drivers have to deal with hundreds or thousands of strangers every day. They are at a much higher risk of contracting the disease.

Here, we’ll talk briefly about whether or not people suffering from COVID-19 are entitled to workers comp in Manhattan. We’ll also explain what sort of benefits you may get if your claim is approved. The best thing to do is to call and talk to a workers’ compensation lawyer in Manhattan right away. The longer you wait to file your claim, the harder it will be to have your claim approved.

How Hard is it to Prove that Your COVID-19 Infection Was Caused by Your Job?

It’s hard enough to prove that you got hurt at work. It is even harder to prove that you caught the COVID-19 virus at your job. Even if you feel there is a really good chance you got sick on the job, it’s almost impossible to prove this. New York personal injury attorneys are dealing with a lot of cases like this right now. Given the current pandemic, there are thousands of people getting sick every day.

New York has been hit harder than most other states when it comes to the Coronavirus. Of course, certain workers are at a much greater risk than others. For example, people who work in the healthcare field are at a high risk of getting sick. The same is true for people deemed essential workers. Retail employees come into contact with customers all day long. Delivery drivers have to deal with the public as part of their job.

If you work in one of these fields, it may be possible to argue that your illness was work-related. However, if you work in a field that does not involve contact with sick patients or the public, your claim may be denied. The only way your Manhattan personal injury attorney can get you benefits is by pointing to a specific event at work that may have caused your illness. For example, maybe you work side by side with a coworker who has been diagnosed with the illness. Or, you may work in a certain company that has reported high infection rates.

If Your Claim is Approved, Your Manhattan Personal Injury Attorney Can Get You Benefits

If you get sick or hurt at work, you need to file a worker’s compensation claim. If approved, you’re going to be entitled to certain benefits. In New York, benefits are paid based on two things: the percentage that you are disabled and the part of your body that has been injured. The higher the percentage of disability, the more money you’ll receive.

The way it works is quite simple. After your injury, you’ll need to meet with a company-approved doctor. They’ll say what percentage you are disabled. This number will be multiplied by your average weekly wages. For example, let’s say your doctor says you’re 100% disabled. And, you earned $1,000 per week prior to getting sick. You will get 100% of two-thirds of your weekly wages. In this case, you’ll get 100% of $666. You can receive these benefits for up to 500 weeks.

Once you are determined ready to go back to work, your doctor will say you’ve reached maximum medical improvement. At this time, they’ll calculate how much of a permanent disability you’ve suffered. Your Manhattan injury lawyer will fight to get you as much money as possible.

Call and Talk to an Experienced Workers Comp Lawyer in Manhattan Right Away

If you or your loved one have contracted COVID-19, or any other injury at work, call our office right away. You should schedule your free initial consultation as soon as possible. Given the circumstances, we can certainly handle your consultation virtually. The consultation is free, and you won’t pay a dime until your case is resolved.

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