Some call it “Post-COVID Syndrome.” Others call it “Long COVID.” It is commonly known as “Long-haul COVID-19.” Whatever you call it, this confounding condition can be characterized as lingering symptoms after COVID-19 has cleared the patient’s system, and they test negative for the virus. But what does this mean for those put out of work because of these symptoms?
The Los Angeles workers’ comp attorneys at Koszdin, Fields & Sherry look forward to the challenging cases so we can put our experience and legal expertise to work. You can trust us to be here when you need us.
Explaining Long-Haul COVID-19
Healthcare facilities all over the country are currently studying the Long-Haul COVID-19, but no definitive results have been found yet. The condition is puzzling because patients report a wide range of health problems, some returning symptoms and some new symptoms, being experienced for more than four weeks after people were first infected.
Some of these persistent symptoms include:
- Cardiovascular problems
- Fatigue
- Headaches
- Musculoskeletal pain
- Neurological challenges
- Respiratory issues
According to a recent National Council on Compensation Insurance report conducted by the care-management organization Paradigm, Long-Haul COVID-19 could “significantly delay victims’ ability to return to work at their prior level of function and can impair their quality of life.”
The report also advises employers and workers’ compensation insurance providers to prepare themselves for additional claims associated with COVID-19 infections. Several studies suggest long-term complications have been suffered by 10% to 30% of the previously infected, even when the initial sickness was mild.
Long-Haul COVID-19 and Workers’ Compensation
According to California law, if a worker is injured or infected with an illness while in the course of their employment, it is the burden of the worker to file a workers’ comp claim to prove it is a job-related impairment. But when it comes to COVID-19, the employee is relieved of proving it occurred in the course of employment because it is classified as a rebuttable presumption. In other words, employers have to prove claimants were not exposed to COVID-19 at work.
In July, the Department of Health and Human Services and the Civil Rights Division of the Department of Justice issued guidance to employers, informing them that the Americans with Disabilities Act protests people suffering from Long-Haul COVID-19. Employers must provide reasonable accommodations for them to continue working.
Because of the long-term impairments and potential disabilities, Long-Haul COVID-19 has to be taken into consideration when COVID-19 workers’ comp claims are accepted as a compensable workplace condition.
When should I contact a lawyer?
The complications of the COVID pandemic have spread their terrible tentacles into all aspects of life. The workplace is no exception. With Long-Haul COVID-19 generating increased medical bills and accommodations—workers are sure to encounter issues with employers, insurers, and claim administrators as claims are processed.
If you have any questions about a Long-Haul COVID-19 workers’ compensation claim or any other workers’ comp claim, the Los Angeles workers’ comp attorneys at Koszdin, Fields & Sherry are ready to put our extensive experience to work getting you the compensation you are entitled. Contact us for a free consultation by clicking here or calling 800-747-3447.
