Glenmont, OH asked in Workers' Compensation for Indiana

Q: I contracted covid-19 December 2020 and have had continued complications from the virus. Am I eligible for worker's com?

I contracted the virus at work, kroger. I am still having complications from the virus and unable to work. I was advised I might be eligible for worker's comp.

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: Probably not. You are neither a healthcare worker nor a first responder. Hundreds of thousands of people have contracted this virus which is to say that the likelihood of PROVING your exposure to be work-related is very low. Moreover, Workers' Compensation has express exceptions within the statute for risks to which the general public is exposed. For example, a bellman or security guard for a residential building in a high crime area would not be covered under Workers' Compensation if they were struck by a stray bullet because the general public has the same risk of being struck by a stray bullet.

From a practical vantage, it would also be difficult to find an attorney who is willing to fight this battle. Under Indiana law, the attorney can only charge you $200 + 20% of what he recovers for you (up to $50,000, then 15 %). This is usually understood to be the initial payment of TTD if the case is disputed and the permanency only. It is not likely that you will have any permanent deficits from Covid which means he would be investing 100 hours or more for $200 + 20% of your initial TTD check.

If you have STD (short-term disability) that would be a much better way to go. Also remember that regardless of how you feel, if you need to justify not working, your doctor must state in his chart notes that you are unable to work.

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