Coronavirus Workers’ Compensation Lawyer Michigan
When the COVID-19 pandemic reached Michigan, workplaces quickly became vectors for disease. Although Michigan workers’ compensation law states that all workplace-acquired illnesses are considered workplace injuries, many employers and their insurers have been reluctant to compensate employees who contracted COVID at work.
The workers’ compensation attorneys at Cochran, Kroll & Associates, P.C. can help you recover the benefits you’re owed. We will provide legal advice relevant to your claim, help you collect the medical evidence required for your case, and help you file your claim or appeal a denial.
Is COVID-19 Covered Under Workers’ Compensation?
Yes. In Michigan, workers’ compensation covers all injuries and illnesses contracted as a result of their work, including COVID. If you developed COVID from workplace exposure and were unable to work, you have the right to file a workers’ compensation claim and receive benefits for your losses.
Employees with COVID are entitled to the same workers’ comp benefits as all other employees. This includes compensation for lost wages, medical treatment, and rehabilitation services. Should an employee die of COVID, the family is entitled to compensation for burial or memorial services.
Far too many employees have encountered challenges trying to obtain workers’ comp benefits for COVID-19. If you’re unsure whether you are eligible for benefits or believe you were wrongfully denied, the attorneys at Cochran, Kroll & Associates, P.C. can review the facts of your claim and determine whether you have a valid case.
Who Can File a Workers’ Comp Claim for COVID-19?
The executive orders surrounding essential services in Michigan have resulted in potential confusion about workers’ comp eligibility. Although the majority of Michigan workers can file a workers’ compensation claim for COVID-19, some essential workers are automatically entitled to benefits.
First Response Employees
In March 2020, Governor Whitmer signed the Workers’ Disability Compensation Agency Emergency Rules. Under these rules, anyone considered a “first response employee” is considered to have been injured on the job if they contracted COVID between March 20, 2020 and March 20, 2021; therefore, they are entitled to workers’ compensation benefits. First response employees include:
- Healthcare workers
- Firefighters
- Police officers
- Corrections officers
First response employees who caught COVID after March 20, 2021, are not automatically entitled to benefits. You must file a workers’ comp claim as you normally would.
All Employees Exposed to COVID-19 Through Work
Since workers’ compensation covers illnesses acquired through workplace exposure, anyone who caught COVID through work can apply for workers’ comp benefits. However, those not considered first response employees must prove they were exposed to COVID at work.
For example, a fast food employee working throughout the emergency orders must provide proof of exposure before obtaining workers’ comp benefits.
While all employees exposed to COVID through work can apply for workers’ compensation, a wide variety of employees have found their COVID-related workers’ comp claims unfairly denied. We can review the circumstances under which you became ill and determine what benefits you might be owed.
Proving Workplace Exposure to COVID
If you are not a first response employee who contracted COVID between March 2020 and 2021, you must prove that you were exposed to COVID in the workplace to be eligible for benefits. To claim workers’ compensation benefits for COVID, you must provide evidence that:
- You were exposed to COVID at work. You must have details about when and where you were exposed to the virus.
- You developed COVID after this exposure. You must have tested positive for COVID after you were exposed.
Not everyone has concrete evidence that they were exposed to COVID at work, especially in jobs requiring frequent interaction. If you suspect that you caught COVID from work but lack proof of exposure, the attorneys at Cochran, Kroll & Associates, P.C. can help you obtain evidence that you were exposed to COVID-19 at work.
Can a COVID-Related Workers’ Comp Claim Be Denied?
Under Michigan’s workers’ compensation laws, your employer has the right to dispute your workers’ comp claim if they believe you were infected outside of work. This applies to all workers, including first response employees entitled to benefits.
Additionally, some insurance carriers will unlawfully deny workers’ comp benefits to avoid paying you the benefits. For example, your employer’s insurer may state that illnesses like COVID-19 do not qualify as work injuries.
If your workers’ comp claim is denied, the workers’ compensation lawyers at Cochran, Kroll & Associates, P.C. can help you appeal your claim. We will gather evidence of your illness, the work-related losses you suffered due to COVID and fight back against a wrongful denial.
Handle Your Workers’ Compensation Claim with Cochran, Kroll & Associates, P.C.
The long-lasting impact of COVID on Michigan’s workforce has made COVID-related workers’ comp claims particularly challenging. If you are unsure whether you are eligible for workers’ compensation or have had your claim wrongly denied, the workers’ compensation attorneys at Cochran, Kroll & Associates, P.C. can help.
Our legal team has many years of experience helping sick and injured workers appeal their denied workers’ comp claims, and we will apply this experience to your case to ensure you obtain a fair settlement.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.