Many Californians Now Eligible For Coronavirus Workers' Comp

California Governor, Gavin Newsom, issued an executive order on May 6 making it easier to file coronavirus workers’ compensation claims. Executive Order N-62-20 creates a temporary workers' compensation presumption for employees diagnosed with COVID-19.

“We are removing a burden for workers on the front lines, who risk their own health and safety to deliver critical services to our fellow Californians, so that they can access benefits, and be able to focus on their recovery,” said Governor Newsom.

Who Is Eligible?

The presumption is retroactive to the date of the stay at home order, March 19, 2020, and will stay in effect through July 5, 2020.

The presumption applies to any worker who reported to work outside of the home at the direction of their employer, and either:

• Tests positive for COVID-19 within 14 days after performing work; 

• Or is diagnosed with COVID-19 by a licensed physician within 14 days after performing work and have that diagnosis confirmed by further testing within 30 days of the diagnosis.

California’s coverage is far broader than similar presumptions in eight other states, which have generally been limited to healthcare workers and first responders.

Under the executive order, an employer can rebut the presumption with any evidence that the employee contracted COVID-19 outside of the employment. However, a claim for a COVID-19-related illness must be rejected within 30 days after the date the claim form is filed. This shortens the time period for denial of a COVID-19 claim from the normal 90 days allowed.

COVID-19-related claims are eligible for all benefits applicable under California workers’ compensation laws, including full hospital, surgical, medical treatment, disability indemnity, and death benefits.

The Bottom Line

If you have reported to work at any time since the beginning of California's stay at home order and have tested positive for COVID-19, you can now file a workers’ compensation claim - regardless of the type of job you have.

Since employers have the right to rebut (deny) your claim, your claim may be initially denied. If that occurs, you may consider hiring a Certified Workers’ Compensation Specialist to help you get the benefits you deserve.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.