New York City COVID-19 Workers’ Compensation Lawyers

Can You File a Workers’ Compensation Claim for COVID-19 in New York?

In response to the ongoing COVID-19 pandemic, the New York Workers’ Compensation Board stated as of June 2020 that workers could be entitled to workers’ compensation benefits for COVID-19. If you were exposed to COVID-19 at work or in the course of your employment, you may be eligible to file a claim.

These are very complex cases, as the rules and regulations governing this area of workers’ compensation law are very new. It is important that you reach out to a knowledgeable workers’ compensation attorney, like those at Schotter Millican, to learn more about your rights and options.

Our New York City COVID-19 workers’ compensation lawyers work tirelessly to remain at the cutting-edge of the law. Our firm stays up to date on changing rules regarding workers’ compensation and COVID-19 and can provide you with information specific to your case. We offer completely free consultations with zero obligation to you and can assist you in English, Spanish, or Polish.

Contact us online or call our office at (718) 550-0610 for a free case review. 

When Is COVID-19 Compensable under New York Workers’ Compensation Laws?

Like any other injury or illness that qualifies for workers’ compensation, COVID-19 exposure must be related to the employee’s work to be compensable under the state’s workers’ compensation laws. In other words, you must prove that you were exposed to or contracted COVID-19 because of your employment, as a result of your working conditions, or in some other way related to your job.

Once you file a claim, your employer’s workers’ compensation insurance provider will determine whether your claim is compensable. If it disputes or denies your claim, you can file an appeal and provide evidence to support your case before a Workers’ Compensation Board judge during an appeal hearing.

Who Is Most at Risk of Being Exposed to COVID-19 at Work?

Healthcare workers, followed by anyone who interacts with the public, are the most at risk of being exposed to and/or contracting COVID-19 as a result of their employment.

Specifically, some of the most at-risk occupations include:

• Emergency room doctors, nurses, and staff
• Dentists, dental hygienists, and dental office workers
• Physician assistants (PAs)
• Family and general practitioners
• Cashiers
• Respiratory therapy technicians
• Hospital workers
• Patient care assistants (orderlies)
• Registered, licensed practical, and licensed vocational nurses
• First responders, including EMTs and paramedics
• Radiologic technicians
• Grocery store workers
• Servers, bussers, cooks, and other restaurant workers
• Bus drivers, taxi drivers, and other professional transportation operators
• Food delivery persons
• Uber, Lyft, and other rideshare drivers
• Corrections officers
• Retail workers

While essential workers have statistically had the highest risk of being exposed to COVID-19 at work, easing restrictions and guidelines have led to non-essential employees returning to work. The prevalence of COVID-19 means that essentially all workers are at risk of occupational COVID-19 exposure.

Some risk factors for on-the-job COVID-19 exposure include:

• Close contact with the public/others
• Physical proximity to coworkers, customers, and others
• Frequency of exposure to infection and/or disease

Unsurprisingly, those who are required to be in close physical proximity to others with frequent contact and high rates of exposure are most likely to contract or be exposed to COVID-19 at work.

What Workers’ Compensation Benefits Are Available for COVID-19?

If you can demonstrate that your exposure to COVID-19 was related to your work, you may be entitled to the following workers’ compensation benefits:

• Medical expenses paid for by your employer’s workers’ compensation insurance provider or self-insured employer, including costs related to all necessary and reasonable treatments, medications, and other medical services
• Wage replacement benefits, including both temporary and permanent disability (partial or total), paid at a rate of 2/3 your average weekly wage
• Miscellaneous out-of-pocket expenses, such as mileage reimbursement for travel to and from medical appointments, costs associated with medical devices or equipment, and more

If your family member tragically passed away due to COVID-19, and they were exposed due to their work, you may be entitled to workers’ compensation death benefits, including wage replacement and funeral expenses up to a specified amount.

How Can a Workers' Compensation Lawyer in New York Help?

The workers’ compensation system in New York is complex, and workers who have been exposed to or contracted COVID-19 at work may be entitled to workers' compensation benefits. If you are a worker in New York who has been affected by the pandemic, it is important that you seek the help of an experienced workers' comp lawyer in New York. A workers' comp lawyer in NYC can provide guidance on how to file a claim for workers' compensation benefits and will fight for your rights if your claim is denied. They can also advise you on what documentation and evidence you need to prove that your illness was caused by your job, as well as represent you during any hearings or appeals related to your case. With the help of a knowledgeable attorney from Schotter Millican, LLP, injured workers can get the justice they deserve and receive full compensation for their medical expenses, lost wages, and other damages associated with their injury or illness due to COVID-19 exposure at work.