Pacific Workers' Compensation - August 2020

ients Are Saying

“They are the best! Pacific Workers’ Comp offers professionals who assist you every step of the way and respond to your questions, concerns,

and doubts in a timely manner. These people know what they are doing and have your back.” –Iris Savage

How Temporary Disability Is Helping Our Community Benefits for Essential Workers during COVID-19 If you’re a regular newsletter reader, you know how much we’ve been covering the pandemic and the resources essential workers need during this time. This is, in part, a response to the sheer amount of misinformation and confusion around COVID-19. Here we want to address some of the support available for essential workers. On May 6, the governor issued an executive order to create a rebuttable presumption in workers’ comp cases relating to COVID-19. In a typical workers’ comp claim, the burden of proof falls on the injured part to prove their injury happened at work. But this executive order shifts the burden of proof to the insurance company for claims related to COVID-19. Before this order, the injured worker would have had to go to the hospital for treatment of COVID-19, then present the claim to their carrier. Under the old rules, the claim process would have been lengthy and such claims would have likely been denied. The governor’s order was issued to protect essential workers and provide access to care and support in the event that they catch COVID-19. This support includes temporary disability benefits — a benefit support package that provides workers with roughly 66% or 2/3 of their normal earnings while they are unable to work. However, the executive order contains a clause stating that COVID-19 victims have to use their sick leave before they are eligible for temporary disability benefits. To qualify for disability benefits, workers must take several steps. They must test positive for COVID-19 and be diagnosed within 14 days of being at work or performing work-related duties. Only a physician licensed by the Medical Board of California can provide a valid diagnosis. Those working remotely may not qualify for benefits. Finally, the diagnosis needs to be confirmed 30 days later. With information changing every day, there is a lot of misinformation and confusion surrounding the pandemic and what kinds of benefits workers affected by COVID-19 may qualify for. If you have any concerns regarding benefits for essential workers affected by COVID-19, reach out to us for a free consultation.

“When all other lawyers just ask for what doctor’s slips you have so they can just work on the money, Karla Ortega took seven months guiding me without me committing to their firm. She was always by my side to answer ANY and ALL questions I had. She earned my business. I literally teared up when I met her in person. Good people do good business. Thank you to everyone, including Bilal. Ms. Ortega, you were my light at the end of the tunnel that I followed out of a dark place. THANK YOU!” –Wendell Escolano

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