COVID-19 as an Occupational Disease or IllnessAccording to circumstances, the coronavirus pandemic can be considered as an occupational disease or illness because it is highly contagious and spreads quickly. Worker’s compensation covers occupational disease if it arises out of the course of employment. Since the disease spreads like wildfire, an infected super spreader can infect several others in his/her vicinity on the first contact. A number of factors have to be met for this criterion to be effective. This includes the following:
- It can be traced back to the place of employment to determine proximate cause.
- There is a direct connection of the disease with the work conditions under which work is performed.
- It does not originate from a hazard to which other workers would have been exposed if they were not in the workplace.
- The disease manifestation was the result of a natural incident that cropped up at work or due to exposure caused by the nature of the employment.
Your Attorney Should Be Moving Forward With Your CaseIf you are concerned court is not taking place due to COVID, it still is - just not in-person. The vast majority of court cases are proceeding forward via Zoom or other platforms. COVID-19 should not be a reason to delay filing your workers' compensation case.
HB 2455This is not just hearsay. June 5, 2020, Illinois Governor, JB Pritzker signed HB 2455 into law, allowing worker’s compensation coverage for this sector of the workforce. By putting this law into practice, Illinois effectively became the latest state to allow a presumption of the coverage that specifically covers COVID-19. Besides the state, Kentucky, Alaska, Arkansas, Missouri, Michigan, California, and other states had signed similar laws into practice. If you are a frontline or healthcare worker and your employer refuses to provide or withhold workers' compensation from you, you need a workers' compensation lawyer in your corner because you have the right to file for workers' compensation benefits. Get in touch with an employment law attorney who specializes in such cases at the Law Offices of Robert T. Edens today. You can reach us at our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL. See more on our Illinois Workers' Compensation FAQs page.