Many Texas workers who have been deemed essential and continue to report to their jobs wonder whether they’ll receive workers’ compensation if they contract the COVID-19 coronavirus. Unfortunately, like many aspects of the coronavirus pandemic, this is a question without a clear answer at the moment.
To qualify for workers’ compensation based on a diagnosis of COVID-19, your employer must have workers’ comp insurance (which is not required in Texas), and you must have contracted the virus as a result of your employment. Workers’ comp pays all medical bills, a portion of lost wages, and additional benefits for permanent disability or death.
The Texas Division of Workers’ Compensation (DWC) specifically addresses the question of benefits for workplace-contracted coronavirus in FAQs on a webpage providing coronavirus resources. The short answer is that claims will be decided on a case-by-case basis by the insurance company. If you don’t like the workers’ comp insurer’s decision, you have the right to appeal to the DWC.
Fortunately, this may not be the final word on the subject for all Texas workers. In Houston, for example, Mayor Sylvester Turner has announced that the city will assume that any city employee who tests positive for the COVID-19 coronavirus contracted it while on duty, the Houston Chronicle reports. In the end, it may be up to local governmental officials or individual employers to guarantee workers’ comp benefits for their employees who contract coronavirus.
If you or a loved one has been diagnosed with COVID-19 that you think was contracted through workplace exposure, we suggest that you file for workers’ compensation if your employer has workers’ compensation and contact an experienced workers’ compensation attorney if your claim is disputed. One estimate says coronavirus treatment will result in tens of thousands of dollars in medical bills per case, which translates to expensive workers’ comp claims that many insurers will fight.
The workers’ compensation attorneys of Herrman & Herrman in Brownsville, Texas, are reviewing COVID-19-related workers’ comp cases from Brownsville and all of South Texas. We are here to fight for you when employers and insurers do not do the right thing.
Contact Herrman & Herrman at (361) 882-4357 in Brownsville or online for a free remote “social distancing” consultation about your claim.
File a Coronavirus Workers’ Compensation Claim
Texas Gov. Greg Abbott’s executive order defining “essential services” during the COVID-19 pandemic incorporated everything listed as essential by the federal government’s Guidance on the Essential Critical Infrastructure Workforce. This covers several industries and allows or requires numerous Texans to continue to report to their jobs during the pandemic.
To obtain workers’ comp benefits, a worker who contracted COVID-19 would need to prove that he or she faced a heightened risk of exposure to illness because of their employment compared to the risk of exposure that members of the general public faced. The Texas Medical Association says that “proving a work-related contraction of COVID-19 would be difficult in many scenarios, given that the virus has proven contagious enough to cause a global pandemic.”
However, we would argue that Texans in essential jobs who continue to regularly report to job sites undeniably increased their potential exposure to the coronavirus compared to people complying with stay-at-home directives.
If you believe you have a case of COVID-19 coronavirus that you contracted while on the job and/or because of your assigned job duties, you should file for workers’ compensation benefits as soon as you can.
To file a workers’ compensation claim:
- Report your COVID-19 diagnosis. Notify your employer in writing that you have been diagnosed with coronavirus and that you believe you contracted the virus at work. If you can, identify dates and the specific incident, source or reason you think you were exposed to COVID-19 while on the job. Save copies of all communications to and from your employer.
It is also up to you to report your illness to the Texas Division of Workers’ Compensation (DWC). Complete and submit DWC Form-041, Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease. Download a copy of the competed form for your records. Submit the form online or mail a copy to:
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100 MS-93
Austin, TX, 78744-1645
- Advise your doctor of the workplace connection. Write down an explanation of your workplace exposure to COVID-19, including when and how it happened, names of others present and take it with you if you go to a doctor’s office and/or the hospital. A coronavirus victim may lose the ability to communicate and loved ones will be excluded from treatment areas, so putting the circumstances of your illness in writing helps to ensure doctors have the information. It also preserves your explanation as evidence for a claim later.
- Follow COVID-19 related instructions. If you isolate at home, be sure to follow doctors’ orders as well as any governmental orders regarding the COVID-19 pandemic. Otherwise, the workers’ comp administrator may contend that you could have exposed yourself outside of work and/or that you were not made particularly ill by the virus.
- Track your illness and expenses. You and/or a loved one should maintain a record of all treatment you receive for coronavirus, workdays you miss, and all receipts for bills and out-of-pocket expenses associated with your illness and recovery.
You should also speak to an experienced Texas workers’ compensation lawyer about your claim, particularly if your employer is not 100 percent supportive of you seeking medical care and/or taking time away from work to recover. A lawyer can help you prepare for what may be a fight to obtain workers’ comp benefits.
Contact Our Brownsville COVID-19 Workers’ Comp Attorneys
Texas workers’ compensation claims related to the coronavirus pandemic will likely be handled on a case-by-case basis with many employers and insurers disputing them. You need an experienced lawyer who can help you present the strongest claim for benefits. The workers’ compensation lawyers of Herrman & Herrman, P.L.L.C. are ready to fight for clients and their family members to obtain the full benefits available by law to them.
Contact us at (361) 882-4357 in Brownsville or online from anywhere in Texas for a remote consultation that is free, confidential and with no strings attached.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
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