Have You Been Exposed to COVID-19 While at Work? If so, You Should Know Your Rights
New Jersey Workers’ Compensation law states an individual or a loved one who is subjected to coronavirus, also known as COVID-19, in the scope of employment is legally entitled to medical treatment as well as lost income benefits and even a disability financial award from the employer. If a family member passes away from COVID-19, dependents will be provided with death benefits.
Medical Benefits for Those Subjected to Coronavirus at Work
Workers’ compensation is applicable to medical expenses within reason as related to the exposure. Such coverage is inclusive of prescription medications, medical treatment and hospital expenses. However, it is important that those subjected to the virus visit with the doctor the employer directs them to see. The failure to visit with this doctor creates the potential for the bill to come out of the employee’s pocket as opposed to the employer’s coffers.
Permanent Total Disability Benefits
Coronavirus-induced illness is sometimes so significant that it is not possible to completely any type of work. This level of illness spurs eligibility for PTD, short for permanent total disability benefits. Total disability starts out at 450 weeks. If this period of time passes and you are still totally disabled, you will be permitted to continue receiving the benefits.
Temporary Total Disability Benefits
If you are not able to work for a period of time greater than seven days, you will prove eligible for temporary total disability benefits or TTD for short. Such benefits pay 70 percent of the average weekly pay. TTD benefits are available until you are capable of returning to work or until you have attained maximum medical improvement or MMI for short.
Permanent Partial Disability Benefits
If your condition is permanent yet you can still complete some form of work, you will receive disability payments resulting from the functional loss spurred by the exposure. Such benefits are provided after the matter is settled in a court of law.
Death or Dependency Benefits
The death of a loved one has the potential to prove quite difficult for an extended period of time. It is quite possible the emotional pain will not dissipate, possibly resulting in financial need. Thankfully, workers’ compensation provides financial benefits for the family members of those who pass away from coronavirus as well as other injuries/illnesses causally related to workplace activities.
The surviving children and spouse who were in the worker’s household at the time of death are considered dependents. Dependent offspring are eligible for the parents’ death benefits up to age 18 or 23 if classified as full-time students. The spouse has the potential to receive benefits for the entirety of his or her life. Additional supposed dependents ranging from siblings to grandparents and parents might also be entitled to the death benefit.
Schibell Law is at Your Service
If you have contracted the coronavirus in the midst of employment or suffered any other injury or illness causally related to your work, do not suffer in silence. Reach out to our law firm today at 732-774-1000 or fill out our online contact form to learn more about how we can help.
In need of legal assistance? Contact Schibell Law Today.
Richard N. Schibell, Esq.
is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.
Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.
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HOWELL TOWNSHIP
3459 Route 9 North
Howell, New Jersey 07731
Telephone: 732-774-1000
Fax: 732-663-0133