Can Workers’ Compensation Cover the Costs of Long-Haul COVID?

April 21, 2022 - 2:58 pm
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While most of the world begins to return to pre-COVID normalcy, there are some people who are unable to move on from the realities of the last two years. There is undoubtedly much grief following the pandemic and its resulting death toll, but also a lingering effect on those who were infected, survived, but developed long-lasting complications. The latter is known as “long COVID,” or “long-haul COVID,”—a relatively unknown continuation of the sickness that has affected nearly seven to 23 million Americans. 

Long COVID symptoms encompass anything from attention and memory problems to chest pains to loss of taste and smell. It is unclear why only some people who had COVID continue to experience ongoing complications while others recover with no lingering effects. What is clear, however, is that those with long COVID are suffering and lacking resources to manage. 

Workers’ compensation coverage for COVID-19 is already difficult to secure—several states ensure benefits for essential workers who were infected while working on the frontline, but proving such a claim can be difficult. Some states, including Georgia, have pushed for broader COVID coverage. These policy changes would come in the form of establishing rebuttable presumption, requiring employers to provide evidence that the case of COVID-19 was not contracted in the workplace. For non-essential employees who work non-frontline jobs—such as office workers or those with remote work options—there is even more limited coverage. 

Unfortunately, these benefits fail to extend to those with long COVID, “long haulers.” While some with long COVID say they are unable to work due to their illness, it can be difficult to secure benefits for a variety of reasons. Not only is it hard to establish where the employee contracted COVID, but it is a challenge for doctors to document symptoms. The relative newness of the condition, irregularity of symptoms, and lack of research on the topic results in a wide lack of understanding and, in some cases, complete dismissal of the illness. 

So if you are unable to work due to long COVID, will you receive workers’ compensation benefits? Right now, the outcome is unclear. In any case, an experienced workers’ compensation attorney can help. If you are unwell and unable to work, you deserve security. At Poirier Law Firm, it is our job to fight for you—the sick or injured employee—and ensure you receive the compensation and payments you deserve.

 

Source: https://www.nbcnews.com/investigations/got-long-covid-cost-dearly-rcna17942

https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html#footnote10_0ac8mdc

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