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COVID-19 California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: I was fired 2 months after diagnosed with COVID-19 for behavioral issues. My severe case of head fog was unacknowledged.

I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.

James L. Arrasmith
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answered on Mar 22, 2023

It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.

Under the Americans...
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1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... View More

2 Answers | Asked in Workers' Compensation for California on
Q: How does one find a local attorney for a class action 25+ work related, personal injury.

My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 14, 2022

This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar
answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can I get fired for taking a paid leave?

I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back... View More

Neil Pedersen
Neil Pedersen
answered on May 3, 2020

Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for... View More

2 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Is it stupid, legal or it makes sense and able to fight for it?

Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).

Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me.... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 22, 2020

I think you have a more basic matter with which you should be concerned, which Mr. Pedersen did not address.

All people in the State of California have been ordered to stay home, unless you work in a field which is exempt from that order. Even if you "work alone", as you say, you...
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