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Writer's pictureSean Patrick Riordan

ESSENTIAL WORKERS FILE YOUR NEW YORK STATE WORKERS’ COMPENSATION CLAIMS

COVID-19 & WORKER’S COMPENSATION: WHY IT IS SO IMPORTANT THAT ALL ESSENTIAL WORKERS THAT CONTRACTED THE VIRUS FILE FOR NEW YORK STATE WORKERS’ COMPENSATION BENEFITS.

To say that the last two months represent an unprecedented time in history feels like a vast understatement. COVID-19 has changed our society in unimaginable ways, costing the lives of thousands of our loved ones and affecting the health of tens-of-thousands more. What has remained constant, however, is that the entire country has once again looked to our Essential Workers to guide us through a crisis and provide us with the care, services, and protection that we desperately need during this dark hour. The heroism exhibited by our workforce has taken a toll, however. Hundreds of workers have been lost to the virus in New York State, while thousands more have had to deal with harrowing the health concerns that the virus brings with it. Further, the uncertainty of this virus’ long-term health effects leaves its total impact uncertain. The only thing clear that is clear with COVID-19 is that ALL Essential Personnel that contracted it should file Workers’ Compensation claims in order to protect themselves and their loved ones.


Pursuant to both state and federal law anyone that contracted COVID-19 is entitled to ten (10) days of paid sick leave without loss of their own sick/accrual time. While such legislation is impactful, it fails to provide sufficient coverage for all workers with the virus. Indeed, many workers have sustained long lasting symptoms related to their COVID-19 diagnosis, forcing them to miss greater than 2 weeks from work in order to fully recover. Many employers have forced workers to utilize their own sick/accrual time during these “extended absences.” Essential workers were placed at greater risk of contraction of the virus in order to keep New York afloat, forcing them to utilize their own sick/accrual time for sicknesses incurred in the course of their duties does not represent proper justice. Instead, put simply, it is wrong. As such, every Essential Worker that was diagnosed with COVID-19 and missed more than 14 days from work as a result should file a NYS Workers’ Compensation claim in order to fight for their sick/accrual time restoration.


Additionally, although many workers safely returned to work following their COVID-19 recovery, the long-term health effects of the virus are not yet known. Workers should never be forced to incur medical expenses related to this virus, not now, not ever. Therefore, even those Essential Workers that returned to work immediately following their 14-day paid recovery period should file a Workers’ Compensation claim. Once established within the Workers’ Compensation system, all health care expenses related to treatment of any virus-related symptom or impairment would be covered under the Workers’ Compensation policy of their employer, at no expense to the worker. File your Workers’ Compensation claim now and protect yourself in the future. Failure to do so is simply fool hearty.


Lastly, but certainly not least, Workers’ Compensation provides “death benefits” for the widows and minor children (up to 23 years of age if still in college) of those workers that have passed due to COVID-19. It is important to ensure that any family of a deceased worker files their claim for benefits so that they can, at the very least, have some monetary support in the wake of their loss.


To be sure, if you have read my previous articles on the issue of COVID-19 and Workers’ Compensation, the NYS Workers’ Compensation Law continues to need amendment to properly protect COVID-19 positive workers. However, I and a multitude of labor unions continue to strongly urge our legislative leaders to immediately and decisively protect our workforce. We remain confident that our elected officials will choose to amend the law and provide Essential Workers with “Essential Workers’ Compensation” protection. Therefore, do not delay your claim for benefits, file protectively now.


As always, if you have any questions or concerns, please do not hesitate to reach out to me directly at (646) 831-6229 or Sean@nycomplaw.com. I am here to assist you in any way I can.

Be well and be safe!

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