Long COVID’s Lingering Legacy

August 3, 2023 - 3:20 pm
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The COVID-19 pandemic has left an ever-lasting mark on our world, affecting every part of our lives. While many have somewhat seamlessly transitioned to a new normal, others are continuing to suffer with lasting shadows of the virus. Known as “long COVID” or “long-haul COVID,” the lingering effects of the illness are a new ailment in itself and a harsh reality for many. As the pandemic’s effects continue to impact our lives, it has become crucial to address the potential implications of long-haul COVID on workers and the role of workers’ compensation in providing support.

Long-haul COVID, also known as post-acute sequelae of SARS-CoV-2 infection (PASC), refers to a range of symptoms that persist beyond the acute phase of the illness, lasting for weeks or even months. These symptoms can vary widely and may include persistent fatigue, shortness of breath, joint pain, brain fog, and more. Long-haul COVID can affect anyone, regardless of the severity of their initial infection, and it has raised concerns about its potential impact on individuals’ ability to work effectively.

Long-haul COVID can significantly impact a person’s ability to carry out their job responsibilities. Individuals who were previously healthy and active may find themselves struggling with reduced energy levels, cognitive difficulties, and physical limitations. This can lead to absenteeism, decreased productivity, and even job loss in some cases. As a result, workers may face financial strain and emotional stress, making it essential to address these challenges through appropriate channels.

While COVID-19 was initially challenging to categorize under workers’ compensation due to its widespread nature, the emergence of long-haul COVID has sparked discussions about its potential inclusion. According to the United States Department of Labor Office of Workers’ Compensation Programs, any workers’ compensation claims for COVID must abide by the following procedures:

  1. Time: the claim was filed within the time limits 
  2. Employment: the injured worker is classified as a employee 
  3. Evidence: evidence of COVID-19 diagnosis; evidence of the events or employment factors alleged to have occurred
  4. Work-Relatedness: the events or employment factors happened while the employee was in the workplace or performing work duties
  5. Proven Causation: COVID-19 is found by a physician to be causally related to the established event or employment factor

Long-haul COVID presents a unique challenge at the intersection of public health and workers’ rights. As more individuals grapple with the lingering effects of COVID-19, it becomes imperative for employers, policymakers, and the healthcare system to address the needs of affected workers. Workers’ compensation can serve as a vital lifeline for those whose ability to work has been compromised by long-haul COVID, but navigating the complexities requires careful consideration, documentation, and a commitment to providing support during these uncertain times. An experienced workers’ compensation attorney can help. If you or a loved one have experienced an impact on work due to COVID-19 or long COVID, contact Poirier Law Firm today.

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