COVID-19 and Workers' Compensation Claims
If you were laid off from your employer while on workers' compensation, on light duty, or totally disabled medical restrictions, you may be entitled to workers' compensation benefits. Under workers' compensation, your employer has a duty to provide you work within your work-related medical restrictions or put you on workers' compensation payments.
If you or a loved one has contracted COVID-19 due to exposure at work, you may also be entitled to a workers' compensation claim for lost wages, medical expenses, or death benefits. Please contact our offices for a free evaluation of your case.
Our firm is fully operational and can handle your case virtually from start to finish. Our state-of-the art technology means we can provide the same client service we always have all while keeping our community and our clients safe.
Contact us 24/7 at 412-394-1000. There's no obligation to use our services, and if you do work with us, there's never a fee unless and until we win your case.
COVID-19 Layoffs and Terminations
Due to Governor Wolf's order, many employers across Pennsylvania have closed. This has resulted in thousands of Pennsylvania workers being sent home without jobs. Some employers have temporarily laid off workers and others have permanently laid off or terminated their employees. Many of these displaced workers are being told to sign up for unemployment compensation benefits, even those workers on work-related injury light duty restrictions and those receiving workers' compensation benefit payments.
Should You File for Workers' Compensation or Unemployment?
Workers' compensation benefits may be better for an injured worker than unemployment compensation because:
- Unemployment compensation benefits typically pay less than workers' compensation benefits. However, under the Federal Covid-19 stimulus package, unemployment benefits may increase for a short period of time.
- Workers' compensation payments are tax free to the injured worker.
- Unemployment compensation benefits run for a limited period of time. Certain restrictions may apply.
- Receiving workers' compensation benefits may lead to a lump sum settlement. There is never a settlement of unemployment benefits.
If you have a work-related injury and have been laid off or terminated due to CVOID-19 or any other reason, please call our office at 412-394-1000 for a free evaluation of your case.
Light-Duty Jobs and Covid-19 Layoffs
If you are on light-duty work restrictions and are laid off or terminated from work due to COVID-19, you may be entitled to payment or reinstatement of workers' compensation total disability benefits. Learn more about Light Job Duties & Workers Compensation or contact our offices for a free case evaluation.
Did You Contract COVID-19 at Work?
If you or a loved one have contracted COVID-19 due to being exposed at work, you may be entitled to workers' compensation benefits for wage loss, medical expenses, or death benefits. Workers' compensation benefits could be payable for the period of time the worker is out of work due to the virus or payable to the workers' dependents if the illness is fatal.
Workers Compensation & COVID-19 FAQs
What are the odds a COVID-19 case for workers' compensation will be approved?
It depends on where you work and your position at work. Front-line and essential workers have the best odds of getting a COVID-19 workers' compensation case approved.
This is because COVID-19 is a widespread disease, making it difficult to prove that employees contracted it at work. In order for a claim to be approved, it must be proven that:
- Your illness/disease was acquired in the workplace
- Your illness/disease must be related to or have been caused by conditions specific to your work. Also, those conditions must create the possibility of contracting the disease in a greater degree than and in a contrasting manner to the general public
Can you get work comp benefits for wages lost during quarantine? Including wages lost during company-enforced quarantine?
Carriers and employers are making a distinction:
- If you’re off work because of the Governor’s orders, carriers and employers generally are not reinstating work comp benefits.
- However, if you were working light duty and the employer lays you off because of lack or no work, carriers and employers generally are reinstating workers’ compensation benefits.
Can I file for work comp if I contracted COVID-19 while working from home?
Again, those deemed to be front-line or essential workers (e.g. a nurse) are most likely to receive work comp benefits related to COVID-19.
Can I sue my work for damages if they did not close and I contracted COVID-19 (including by using public transportation to go to work)?
You have the best chance at being successful if you are a front-line or essential worker. However, each case is unique and it's in your best interest to speak with a qulaified work comp attorney.
Will COVID-19 affect how my existing case is processed? Will I be able to file a petition or an answer to a petition during the COVID-19 emergency?
Yes, you can file or answer a petition during COVID-19. Our firm continues to have workers’ compensation hearings proceedings. Unlike state and federal courts, work comp courts weren’t suspended during the Governor’s shutdown.
How do you file a COVID-19 workers comp claim?
You file a COVID-19 work comp claim the same way you file for workers’ compensation benefits: Through a claim or reinstatement petition.
We're Here to Help
If you contracted COVID-19 and believe you were exposed at work, please call our office at 412-394-1000 for a free evaluation of your case. We're available 24/7, the consultation is free, and you pay nothing unless and until we are successful on your behalf.