If you contract or become exposed to an individual who tests positive for COVID-19, the following actions should be taken:
- File a First Report of injury immediately documenting as many details as possible about the specific call/exposure with the infected individual(s). This is very important early on since the likelihood of the virus spreading amongst a shift/station/department/garage is inevitable and Employers will try to argue that the exposure could be due to anything but work.
- While an Employer cannot be forced to file a First Report of Injury, the exposure or potential exposure should be documented. If possible, fill out an Exposure Report if they are not willing to do a First Report of Injury. In addition, at a minimum, notify your supervisor, in writing, of ANY potential exposure, indicating the date, time and place of such potential exposure.
- When seeking medical treatment, make sure to document that you were exposed at work and provide information as to the date of the exposure, the location of the call/exposure, etc.
- If you are diagnosed with COVID-19, it will be important to obtain a work note placing you out of work. If possible, the work note should reference something along the lines of, "Out of work for _____days/weeks due to COVID-19 contracted at work."
- Under no circumstances, should you speak with/provide a statement to anyone from the workers’ compensation carrier. If the workers’ compensation carrier contacts you, you should advise the adjuster that you will not give a statement until you have consulted legal counsel. These cases will undoubtedly be contested due to the mere fact that there will be a significant number of claims filed.
- Once you are placed out of work due to the virus, if you are not being paid while you are restricted from working, we can file a claim on your behalf with the intent of getting leave covered/reimbursed under workers’ compensation. It is very unlikely that there will be any additional benefits (i.e.: permanency benefits) available under workers’ compensation. However, in the severest of cases if someone dies because of the condition, a death/dependency claim should be filed.
- Not every exposure will require a claim filed and not every claim filed will meet the legal standard of a covered case. This is an evolving situation and we will continue to push for answers and do everything we can to ensure that you are protected.
This is an evolving situation and we will continue to push for answers and do everything we can to ensure that you are protected.
http://www.bsgfdlaw.com/workers-compensation-blog/what-to-do-if-you-are-exposed-to-the-coronavirus-at-work
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