Filing Death Claims Due to Coronavirus in California
Workers in all fields are susceptible to the Coronavirus while working every day. And they face the risks of dying because of a COVID-19 infection too.
California does allow claiming workers’ comp death benefits if your loved one died because of Coronavirus. However, the workers’ compensation runs on a complex law that becomes more challenging for COVID-19 cases.
Thankfully, a good workers’ compensation attorney in Glendale can help you claim the compensation you deserve. This article describes the process of claiming benefits because of a COVID-19 death.
Does Workers’ Compensation Cover COVID-19 Infection
Workers’ compensation can cover COVID-19 cases in California and allows you to claim death benefits. It’s because the state wants to protect its people from the dangers of Coronavirus. And it wants workers and their families to enjoy workers’ comp benefits because of COVID-19 cases.
However, you still need to prove that your loved one had contracted the virus in the workplace. These points may help you prove your case: :
1. Presumption of a COVID-19 Infection Being Work-Related
You can claim death benefits under the presumption that going to work each day exposed your loved one to the Coronavirus.
This point applies if your deceased loved one tested positive within 14 days from the day they had worked. Moreover, they must have worked in the workplace and not from home.
However, your loved one must have contracted the virus between March 19 to July 5, 2020, the duration of the stay-at-home order in California.
2. Workplace COVID-19 Outbreak
You can also claim death benefits in California if your loved one contracted COVID-19 from a workplace outbreak. It means the Coronavirus had affected your loved one and a few workers in one particular company area.
This law remains effective until January 1, 2023.
3. Working in High-Risk Industries
High-risk industry employees qualify for workers’ comp in California when they get COVID-19 infection. It means you can claim death benefits if your loved one worked in any of these high-risk industries when they had contracted the disease:
- Medical facility employees
- First responders
- Frontliners like delivery drivers, grocery staff, and restaurant servers
The law states that workers in these industries have frequent close physical contact with customers and coworkers. And thus, they have greater chances of contracting the disease at the workplace.
4. Employer Liabilities
Workplace COVID-19 infection can result from the employer’s failure to follow recommended protocols.
For example, the employer may have failed to provide enough Personal Protective Equipment (PPE) to their workers. They may have been unable to observe proper social distancing in the workplace too.
In that situation, you can ask for workers’ comp or file a personal injury case for your loved one’s behalf. A good workers’ compensation attorney in Glendale can give you better advice.
Are You Eligible for Workers’ Comp Death Benefits?
You’re eligible to claim death benefits if you were totally or partially dependent on the deceased’s income. Moreover, you are automatically eligible if you are related to the dead in the following ways:
- Children below 18 years old
- Adult children who can’t earn a living because of a severe physical or psychological disability
- A surviving spouse who earned not more than $30,000 within 12 months before the employee’s death
You can also prove that you are totally or partially dependent on the deceased if you have any of these relationships with the dead:
- Niece or nephew
- Uncle or aunt
Consult a Glendale Workers’ Compensation Lawyer to Claim Death Benefits
It’s great that California knows how workers’ comp help in cases of COVID-19 infections. The death benefits cannot solve the grief you experience. However, financial support can help dependants recover from a difficult time.
Consulting a good workers’ compensation attorney in Glendale to help you claim death benefits in California. The state’s law on workers’ comp is complicated, so having an expert’s help proves beneficial through the case.