The current COVID-19 pandemic has resulted in the loss of jobs, forced businesses and schools to close, and many people are forced to work remotely from home. As the number of infected patients in the US approaches 2 million, and the death toll stands around 100,000 we are still seeing the effect that the novel coronavirus is having on our country. Many have become infected at their place of employment resulting in lost wages, and personal injury. Often they receive little or no compensation for sick time off, or doctor visits, and some remain ill for a prolonged time or even succumb to death.
Workplace injuries are unavoidable and infection from the coronavirus is no different. Employers have the responsibility to ensure that employees have a safe, healthy working environment. Nevertheless, workers are occasionally injured at work and are entitled to compensation from the employer. Medical bills, lost wages, and other compensation are part of what workers have coming to them. Most businesses participate in workman’s compensation insurance and these claims are handled by their insurer.
In many cases employers do not ‘subscribe’ to workman’s comp. and choose to pay out of pocket. These companies are known as nonsubscribers, but in either case, if an employee is injured at work it must be proven that the employer was negligent. If an employee contracted coronavirus at work, then in order to be compensated for medical and other bills, the employee must prove the employer was negligent in providing a safe work environment. If your employer has not taken appropriate measures, like providing masks, gloves, and hand sanitizer to keep you, the employee safe and prevent the spread of the virus from other infected employees or customers that they may come in contact with, then they are putting you and other employees at risk and may be found negligent.
Employer Responsibility In Preventing Workplace Injury
The CDC has given many standards to help stop the spread of coronavirus and how to protect not just employees, but all people from becoming infected.(https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/grocery-food-retail-workers.html). If an employee feels ill or has any of the symptoms listed then he or she should stay home. The CDC recommends testing, especially for those who may come in contact with the virus at work. Some of the recommendations that the employer should follow are:
- Limit close contact to a minimum of 6 feet
- Wear masks or other facial protective covering
- N95 masks or respirators are the best recommended
- Clean and disinfect surfaces the worker may come in contact with.
- Send employees that are ill home
- Clean payment machines after customers and encourage touchless payment if possible.
- Wear gloves if possible, but it is still necessary to disinfect hands often to prevent the spread of the virus.
The Employer must ensure that these rules are followed always, and especially for healthcare workers. Most companies that are non subscribers are major retail chains or fast food chains.
Reporting Workplace Injury Due To COVID-19
As it is difficult to prove negligence on the part of employer, the worker must report any symptoms as soon as they occur to the employer, and be tested and seen by a physician. Once a diagnosis is verified, then the employee must remain isolated until they are well and test negative. Sometimes they may need to be rechecked to be cleared to return to work. Normally employers would report a workplace injury to their insurance carrier but with nonsubscribers that is not possible. (https://www.lexology.com/library/detail.aspx?g=ea881843-e0b0-4e41-bc2d-7b38d5a2d375)
Seeking Help For Nonsubscriber Workplace Injuries
If you are an employee of a company that is a nonsubscriber and you have been injured due to COVID-19 you will need legal counsel to help you to receive compensation for your bills, and other losses. In Texas you can find out more information at the Texas Department of Insurances website, https://www.tdi.texas.gov/. In the meantime contact an attorney like Bennett Injury Law and someone will be glad to assist you in helping you gather your information and file your claim.
Wrongful Death From COVID-19 And The Workplace
COVID-19 has resulted in many deaths and some of these are the result of workplace injury. If you have a loved one that has become deceased as a result from contracting coronavirus at work then you will also need help for compensation. It is important that all medical bills be maintained as well as other related bills. Documenting all instances of workplace neglect are necessary as well. Don’t hesitate to call Bennett Injury Law for help in filing a wrongful death claim that resulted from workplace injuries.
The injured employee is entitled to just compensation and companies that do not have workman’s compensation insurance should not be allowed to get away with not taking precautions and helping their employees remain safe and healthy at work. If you are injured at the workplace from COVID-19, then your employer chose to remain open, and should also choose to take care of their employees. You should not have to suffer for the employer asking you to work during a pandemic and not ensuring a safe and healthy working environment.
For more information call us or go to our website at www.bennettinjurylaw.com and learn more about nonsubscriber employers and what all is involved in handling your case. We have many years of experience in these matters and we look forward to hearing from you and assisting you with any claims.
