Am I eligible for workers’ compensation after being exposed to COVID-19 at work?

Apr 27 2020

If you’ve been exposed to COVID-19 at work you may be entitled to coverage under Colorado Workers’ Compensation Act. CO law provides benefits including wage replacement for time missed from work, medical treatment at the cost of the Insurance Carrier and possible compensation for permanent damage caused by the disease.

If you think you have been exposed to COVID-19 while at work follow these steps:

NOTICE TO YOUR EMPLOYER:

  1. Inform your supervisor immediately and explain that you believe the exposure occurred at work.
  2. Your employer should you provide you with a Designated List of Providers designating at least 4 separate medical providers you can contact for diagnosis and/or treatment.
  3. Your employer may ask you to fill out an Incident Report.  When doing so, make sure you state that you believe the exposure occurred at work.

NOTICE TO THE STATE (for assistance with these steps, please contact Alverson + O’Brien, P.C at 720-642-6794):

  1. File a Workers’ Claim for Compensation with the Colorado Department of Labor & Employment, Division of Workers’ Compensation at www.colorado.gov/cdle
  2. 20 calendar days from the filing date on the Workers’ Claim, your employer is required to state an official position on the claim.
    1. Your claim can either be admitted (meaning accepted) or denied.  Currently, CO law requires the injured worker to prove causation, which means proving that the exposure happened at work.
  3. If your claim is admitted, your employer will file a General Admission of Liability granting you coverage under the CO Workers’ Compensation Act.  This will provide you with:
    1. Wage loss replacement benefits while you are off of work.
  1.          Under CO’s Workers’ Compensation law you should be provided with 2/3 of your average weekly wage.  Wage loss benefits should be comparable to net pay since WC benefits are not taxable.
    1. Medical Treatment paid for by your Employer.
  1.          You should not be charged co-pays or out of pocket expenses.  You may also be entitled to mileage reimbursement for your travel to and from treatment.
    1. Monetary compensation at the termination of your medical care if you do not recover from the exposure.
    2. Death benefits awarded to dependents based on the worker’s wages.

CONTACT FOR ASSISTANCE:

Alverson + O’Brien, P.C.

1888 Sherman Street, Suite 370

Denver, CO 80203

720-642-6794