First Responders and Health Care Workers, including active firefighting members of specified fire departments or units; certain peace officers; fire and rescue services coordinators who work for the Office of Emergency Services; employees who provide direct patient care or custodial employees in contact with COVID-19 patients who work for designated health facilities; paramedics and emergency medical technicians; employees providing direct patient care for a home health agency; providers of in-home supportive services; and other employees of designated health facilities.
In September 2022, these protections were extended to January 1, 2024.
If a presumption is not applicable to me, does that mean I’m unable to file a workers’ compensation claim for a COVID-19 related illness?
No. If you are an employee and suffer a job-related injury or illness, you are entitled to file for workers’ compensation benefits. You should tell your employer that you would like to file a workers’ compensation claim. They are then required to provide you with a claim form. If you don’t qualify for a presumption under the new law, you may still be eligible to receive workers’ compensation benefits if you contracted COVID-19 at work. You will need to meet certain threshold requirements, including proving that your injury or illness arose out of your employment.
Pursuing benefits for a COVID-19 claim on your own can be complicated, especially if you are unfamiliar with California’s workers’ compensation laws.
An experienced attorney will understand how to represent your claim to help you obtain the benefits you deserve.
Contact Berry, Smith & Bartell today to schedule a free no obligation case evaluation.