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California Senate Passes a COVID-19 Workers’ Comp Bill

| Jul 28, 2020 | News, Workers' Comp |

The California Senate passed S.B. 1159, a bill that will provide essential workers who contract COVID-19 with full hospital, surgical, medical, disability, and indemnity benefits. To qualify, workers must have been positive diagnosed with COVID-19 and worked at their workplace within 14 days of their diagnosis. The bill was introduced by Senator Jerry Hill and passed in a 28-11.

However, the legislation stipulates that employees must first use their sick leave benefits and/or compensated leaves of absence before they can access temporary disability benefits. The bill also maintains that if liability for a COVID-19-related claim isn’t rejected within 30 days, it may proceed to be compensated.

The bill codifies the COVID-19 presumption that Governor Gavin Newsom had already created in an executive order issued in May, which had been set to expire early July. However, the bill still allows for employers to argue that their employees didn’t contract COVID-19 at work.

What to Do If Your Claim is Denied

One mistake many individuals make in workers’ comp cases is giving up after their workers’ compensation claims are initially denied. The reality is that it’s common for workers’ comp claims to be denied the first time around, and workers have the right to file an appeal.

A workers’ compensation attorney can review your existing application and rejection to determine why your application was denied. Our team can then file additional forms and gather the evidence needed to prove your rights to benefits. We also prepare clients for a mandatory hearing that allows workers to tell their stories to a judge. Though attending a hearing can seem daunting, our team can inform you on the process and help you to feel confident in sharing your personal experiences so we can secure the benefits you deserve after an accident.

What Benefits Can I Secure from Workers’ Comp?

Under the California workers’ compensation system, workers who are injured on the job are entitled to benefits that include job displacement benefits, permanent disability, temporary disability, and medical care. Workers can receive additional benefits from penalties that insurance companies have to pay for benefits that are paid late.

Temporary disability benefits are payments for lost wages due to work injuries, which replaces what the worker would have earned if they weren’t injured. Permanent disability benefits, on the other hand, pay injured workers for loss of future earning capacity because of the permanent effects of their injuries. Workers who are permanently injured often lose their jobs if they’re no longer able to perform their responsibilies.

Decades of Success in Securing Workers’ Comp Benefits

For more than 25 years, The Law Offices of Andrew B. Shin have helped injured workers secure the benefits they need after being injured in a workplace accident. Filing for workers’ comp can be challenging, as well as figuring out your next steps once your application is denied. Our team can assist with all legal matters associated with claims, from filing the initial claim to seeking death benefits to making appeals for denied claims. We strive to make a complicated process simple and stress-free using our resources and honest communication. We don’t give up on our clients, even after they’ve given up on themselves. We’re on the side of individuals and families who lack access to resources needed to make full recoveries.

Call (408) 709-7317 for a free consultation today with workers’ compensation attorneys, or contact us online. At the Law Offices of Andrew B. Shin, our team is committed to helping our clients get the compensation they deserve.