Posted: September 29, 2020
Cincinnati Workers Compensation Attorney Answers the Question, "Can I Get Ohio Workers Compensation Benefits for the Covid Virus"
If you believe you contracted Covid on the job you may be able to win Ohio workers compensation benefits if you can show that it was more likely that not that your caught the Covid Virus at work.
The Ohio Burea of Workers Compensation is actively processing Covid, on the job claim requests. Source https://www.governing.com/work/Ohio-Workers-Contract-COVID-19-File-for-W....
The Dayton Daily News Reported:
" Hundreds of Ohioans have filed for workers’ compensation alleging they contracted COVID-19 on the job, but many claims have been dismissed or denied and attorneys say in many cases it can be tricky to prove people became infected at work."
Between March 11 and June 23, Ohio BWC received 456 claims from Ohio workers alleging they became ill from on-the-job exposure to the virus. BWC accepted and approved 171 of those claims, meaning the state system agreed to pay medical costs or compensation for lost time and wages if employees could not return to work. BWC denied 68 claims, 156 were dismissed and 61 were still pending.
Additionally, workers filed 208 COVID-19 claims with self-insured employers, which means BWC is not involved in the claim decisions. About half were approved, 55 were denied and 50 were still pending.
Ohio Bureau of Workers Compensation Guidance on Workers Comp Benefits for Covid
The Ohio Bureau of Workers compensation has issued its own guidance on allowance of workers compensation claims for covid. Source The guidance suggests that your job must place you in a position that you can catch Covid with a greater risk than other ordinary jobs.
"It depends on how you contract it and the nature of your occupation. Generally, communicable diseases like COVID-19 are not workers’ compensation claims because people are exposed in a variety of ways, and few jobs have a hazard or risk of getting the diseases in a greater degree or a different manner than the general public. However, if you work in a job that poses a special hazard or risk and contract COVID-19 from the work exposure, BWC could allow your claim."
Thus the type of job you had will go a long way in helping your case. Those jobs that are likely to prevent a greater risk of Contacting Covid are:
1. Medical professsionals
2. First responders
3. Service workers that face the public
4. Jobs that do not provide for flexibility to work from Home
5. Airline Workers
6. Actors, dancers and other performers Source
What about Ohio workers in a factory working assembly line coming in contact with coworkers, especially if masks and social distancing is not enforced? In my opinion a great workers compensation attorney should be able to mount a strong case that your profession put you at greater risk than the ordinary worker.
Remember it is also critical to show proximate cause. That means you caught the disease at the work place. This means you need to have a diagnosis of Covid from a valid medial professional. Although, in many cases the doctor that diagnosed that Covid may be unwilling to relate the disease to your job. A great workers compensation attorney may know doctors that are consulting on covid cases and can give you an opinion on causation.
How Can you Afford a Cincinnati Ohio Workers' Compensation Attorney to Help You With Covid Claims
Many claimants worry how they will pay their attorney. However, most workers compensation attorneys work on a contingency fee. That means that they do not get paid unless they recover money benefits for you.
Thus, if the claim is unsuccesful you do not owe them anything. And if they are successful your obligation to pay generally comes from back benefits, special awards, and virtually "secret benefits" that you may not even get yourself, even if you some how got your claim allowed without an attorney.
In fact, a Covid infected worker would be foolish to try to traverse the path to an allowed Ohio Workers' Compensation Claim for Covid. This is for many reasons, not the least among them because the Ohio Workers compensation system is difficult to understand.
The proof is leglal in nature. Moreover, even if you win at the Bureau stage, the employer may appeal to the Industial commision where evidence is taken and critical evidence must be presented. This plays out to about 2/3 of the people are denied Covid claims for Ohio workers compensation benefits.
Call a Cincinnati Workers compensation Attorney for Help with your Covid Claim
If you would like help with your Ohio workers compendsation Covid claim please call Attorney Anthony Castelli at 513-621-2345 for a complimentary consultation. If we take your case you can rest assured no stone will be left unturned to help to win your workers compensation claim.
