SUMMARY:
The California Labor Federation and California Applicant Attorneys Association are requesting the Governor of California, Gavin Newsom provide further protections to “essential workers” during the coronavirus situation
If a workers get coronavirus while working, the burden is on the worker to prove coronavirus was contracted because of work. This is a difficult task and the claim would very likely be denied by the insurance company.
The message from CLF and CAAA requests the Governor switch the burden of proof by providing that any ‘essential worker’ who contracts coronavirus will have a presumptively compensable workers’ compensation injury.
CLF and CAAA are requesting that burden be conclusively presumed, meaning that if an ‘essential worker’ contracts coronavirus, there is a conclusive, non-rebuttal presumption that the worker got coronavirus at work and their claim is compensable. I believe this would be unlikely to be passed.
Did you know?
If you work and start to have pain over a period of time due to your work duties (for example, due to repetitive lifting or movements), that could be considered a work comp injury?
This article is general information about California workers' compensation, not legal advice for your case.