Tuesday, May 19, 2020

Does Workers Compensation Cover the Coronavirus?

Originally published by Lapeze & Johns.

The COVID-19 pandemic has shown the true heroes on the front line in the medical profession and beyond. Retail stockers, fast food workers, essential city services employees, janitorial staff, law enforcement officers, and all others who went to work to help their community should be applauded. These selfless individuals have helped keep the rest of us Texans afloat while we attempt to flatten the curve.

However, these essential workers are at high risk of contracting the coronavirus themselves because they might not have adequate personal protection equipment (PPE) and are forced to follow questionable work practices. There have been hundreds of cases reported concerning retail store employees, factory workers, city service employees, and many others who have gotten sick on the job because they lacked the necessary protection to do their jobs safely. 

If you or a loved one have contracted COVID-19 due to the improper practices enforced by your employer but you are unable to seek relief through workers’ compensation, the Houston personal injury lawyers of Lapeze & Johns can help. Don’t let your employer take advantage of the situation caused by the coronavirus. If you feel you’ve been improperly protected, contact Lapeze & Johns today.

Workers’ Compensation in Texas

Unlike other states, Texas doesn’t require employers to have workers’ compensation coverage, but rather, they have the option to subscribe to workers’ compensation insurance. 

If an employer goes without coverage, an employee may file a personal injury suit against them if they are injured while at work.

Workers’ Compensation and COVID-19

While not impossible, it will be difficult for workers who get sick with the coronavirus to claim workers’ compensation while on the job. This is because many states do not view the contraction of a virus such as COVID-19 to be a work-related injury. In essence, workers’ compensation insurance covers injuries or illnesses that are the result of employment. 

It should be noted, however, that these are unprecedented times. If you develop the novel coronavirus while at work, it’s important to consider all of your legal options.

According to the Texas Department of Insurance, which handles worker compensation in the state of Texas, you should see a doctor if you’ve been exposed to the virus at work. The best thing you can do if you are showing symptoms of the virus is to get tested. This way you will have documented proof that you have contracted COVID-19. 

Filing a Personal Injury Claim for COVID-19

As stated above, there are several reasons why a worker who contracts COVID-19 at work may not be able to file a workers’ compensation claim. First, your employer may simply not have workers’ compensation coverage. It’s also possible that the coronavirus may not be covered by your employers’ specific coverage.

In these cases, you may be able to file a personal injury lawsuit against your employer. A personal injury lawsuit can help you win damages to cover your medical expenses, lost wages, and other financial losses

Lapeze & Johns: Your Houston Texas Personal Injury Attorneys

COVID-19 cases are on the rise in the U.S., and more employees are contracting the virus every day. You deserve to be safe at work, and your employer owes you proper protection from harm.

Whether by filing a workers’ compensation claim of a personal injury suit, if you’ve developed the novel coronavirus due to conditions at your job, you can get help. Contact the compassionate personal injury attorneys of Lapeze & Johns today to learn what your options are.

 

If you contracted the coronavirus while at work, contact us today at (713) 766-0075 for a FREE consultation. 

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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