Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?
I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be filed under worker’s compensation since I believe I was infected at work?
My intent is to recoup my personal time (24 hours/$1000) I had to use to take off to recover if I could prove I was infected at work.
A: Yes, you may very well have a Workers' Compensation claim. Unfortunately, there is no weekly payment for temporary total disability for the first three working days until you are disabled 14 calendar days. If you have lingering symptoms or "covid long haul" then you may have a claim for permanent partial disability. The statutory presumption for a health care worker is no longer in place if this is a recent infection, but there is a strong probability you can demonstrate your infection is work related.
Charles Candiano agrees with this answer
A: I agree with everything that Mr. Johnson told you. That said, I think it may be difficult to prove and if I understand correctly that you are essentially asymptomatic, you have no medical bills so even if you win on causation, you have a situation where you would have no recovery. That does NOT incentivize an attorney to spend money on the case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
