COVID 19 Related Workers’ Comp Claims in Kansas

By Pyle Law, April 07 2022 4:14 pm
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COVID 19 Related Workers’ Comp Claims in Kansas

By Pyle Law, April 07 2022 4:14 pm
COVID 19 Related Workers’ Comp Claims in Kansas

Most workplaces have returned to “normal” after the height of the COVID-19 pandemic. However, people are still testing positive for new variants, and many of them require medical care and time off from work to isolate and due to lingering symptoms. What happens if you contract COVID-19 at your workplace? Does workers’ compensation provide benefits for your medical bills and lost income like it would for other occupational diseases?

Unfortunately, this is an uphill battle for many people in Kansas. If you have questions about this scenario, always discuss them with a Mcpherson, Ks experienced and skilled attorney immediately. 

COVID Under Kansas Workers’ Compensation Law

In Kansas, a covered occupational disease is one that originates due to a special risk within the employee’s work environment and is not an “ordinary disease of life” that the general public would be exposed to outside the work environment. This definition makes it difficult to get workers’ compensation benefits for COVID-19, as it is a community-spread disease and not isolated to certain workplaces.

Given an employee can be infected with a virus outside of their employment and given the prevailing state of statutory definitions and case law, you can expect an employer to mount a defense against a COVID-related workers’ compensation claims on different fronts. One defense they can raise is COVID is an ordinary disease that the public is exposed to the outside of their place of employment. There is no way to prove that you contracted COVID-19 from your place of work, as you can get it at the grocery store, from your child, or in other everyday scenarios.

Presumptions of COVID-19 as an Occupational Disease

Some states have taken steps to help people in high-risk professions obtain workers’ compensation benefits for COVID-19. For example, the law in these states might presume that healthcare workers who treat COVID patients contracted the virus from their workplace exposure. Kansas, however, has not proposed or enacted such a presumption. This means it can even be difficult for a nurse on a COVID-19 floor to get workers’ compensation benefits if they need to miss work and get medical treatment for COVID-19.

This does not mean that everyone should automatically give up on the idea of benefits, however. There might be specific circumstances that warrant workers’ comp coverage for COVID-19, and anyone who believes they are in this situation should consult with a lawyer right away.

What a Kansas Workers’ Compensation Lawyer Can Do for You

When it comes to complex legal issues and cases like COVID-related worker’s compensation claims, this is when you want to make sure you have an experienced and skilled lawyer by your side. At Pyle Law, we have a lawyer who is not only experienced and skilled, but our lawyer also empathizes with the clients because he cares and is determined to find a solution for their complex problems. This includes standing up for the rights of those who contract COVID-19 from work. If you believe you have a workers’ compensation claim, contact our office today for a free consultation.

 

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