The Florida legislature has been moving to try and enact new laws that would shield businesses whose employees contracted COVID-19 while on the job from providing workers’ compensation benefits. Some politicians have called for employee protections but only for certain front-line individuals including teachers and health care workers. Frankly, coronavirus workers’ compensation claims are among the most difficult to prove. They are called exposure cases and the burden of proof needed to show that it occurred in the course and scope of one’s job duties is extremely high. Coral Springs Workers’ Compensation lawyer Evan M. Ostfeld believes added protections should be in place to protect all employees and that the Florida Workers’ Compensation Law should be amended to make it easier
(not harder) to prove such a claim especially since it spreads so easily.
In 2020, the Sunshine State reported that 46% of the coronavirus workers’ compensation claims filed by health care workers and educators were denied as compared to 43% for all other occupations. This was true even though COVID-19 exposure cases only accounted for 31% of all Florida workers’ compensation claims.
Democratic state senator Perry Thurston proposed an amendment to the liability limitation bill that would have included a presumption that health care workers who got COVID-19, in fact contracted it at work. Of course, it was not added to the bill, why? It would have made it simpler for a broad range of health care workers to be approved for workers’ compensation benefits. The more claims that are accepted, the higher expenses that employers and insurance companies must pay for medical care and lost wages to the sick workers.
Workers’ Compensation Benefits in Florida is supposed to protect all employees eligible for such benefits if they are injured or made ill while on the job. In exchange for workers’ obtaining medical and lost wages, they are generally not allowed to file lawsuits against their employers. The problem with the filing of potential Covid-19 claims is that it is extremely difficult to prove if you were infected at work. That means, a sick employee will likely be denied benefits in the very system that was set up to protect them!
Seek help from a Coral Springs Workers’ Compensation Lawyer
If someone believes that they contracted COVID-19 at their job, talk to Workers’ Compensation Attorney Evan M. Ostfeld. He has been practicing in this complicated area of the law for over 27 years. Don’t fight the employer and insurance company alone. Our legal team will help you navigate through the Florida Workers’ Compensation System and try to obtain your rightful benefits. As a courtesy to the public, we provide a no-obligation case evaluation. Plus there are no attorney’s fees or court costs unless we secure a settlement or a court award. Contact us today to schedule a free consultation at (866) I SUE YOU (866) 478-3968, (866) BAD RXRX (866) 223-7979, (954) 227-7529,
(954) 998-0075 Text or evan@attorney4life.com. The Law Offices of Evan M. Ostfeld is always here to help.
