Covid

[snowman45106]

What is the name of your state?

 

[quincy]

What is the name of your state?

snowman45106, you are still in Arizona, correct? (posting history)

What question do you have about Covid-19?

 

[Ohiogal]

I can confirm and guarantee that COVID is in Arizona.

 

[quincy]

I can confirm and guarantee that COVID is in Arizona.

There have been close to one million cases of Covid reported in Arizona - and the number of cases, and deaths, from Covid is rising. If you are not vaccinated, you are at high risk of infection, hospitalization, and death.

Whether masks or a vaccine are mandated in your place of employment or not, you are foolish to expose yourself to the deadly infection. Get vaccinated and mask up.

 

[snowman45106]

What is the name of your state?

az

 

[snowman45106]

I just want to know if you can file a workers compensation lawsuit if you catch covid at your workplace. I had a fellow worker come into work and she was caughing and sneezing and did not have a mask on ans well the fack she came into work almost 2 hours before her shift because her boyfriend had to use her car to get to work himself. Can my compony be held responsible for me catching covid. Oh by the way I had the pfiser shot 2 to 3 months before this but the employeee had a J & J shot only a litlle ove 1 month

 

[quincy]

I just want to know if you can file a workers compensation lawsuit if you catch covid at your workplace. I had a fellow worker come into work and she was caughing and sneezing and did not have a mask on ans well the fack she came into work almost 2 hours before her shift because her boyfriend had to use her car to get to work himself. Can my compony be held responsible for me catching covid. Oh by the way I had the pfiser shot 2 to 3 months before this but the employeee had a J & J shot only a litlle ove 1 month

What is your company’s policy on vaccinations and masks? Are they mandated?

You are lucky to have been vaccinated before exposure to what may (or may not) be Covid.

 

[zddoodah]

I just want to know if you can file a workers compensation lawsuit if you catch covid at your workplace.

I'm not sure what you mean by "a workers' compensation lawsuit." Workers' compensation is a system whereby employees receive coverage for on-the-job injuries, regardless of fault, but give up the right to file a traditional lawsuit for such injuries. In the unlikely event you contract COVID from work, you certainly would be entitled to WC coverage.

 

[Zigner]

I'm not sure what you mean by "a workers' compensation lawsuit." Workers' compensation is a system whereby employees receive coverage for on-the-job injuries, regardless of fault, but give up the right to file a traditional lawsuit for such injuries. In the unlikely event you contract COVID from work, you certainly would be entitled to WC coverage.

Taking things a bit further...if the employer and/or the employer's work comp carrier refuses to provide adequate care, then the OP certainly could retain counsel and pursue additional remedies, which may, in fact, include a lawsuit.

 

[quincy]

I don’t believe worker’s compensation is a clear remedy for an employee who contracts Covid-19.

There is, for one thing, difficulty showing that a person’s Covid infection originated at the workplace, especially given the prevalence of Covid in Arizona right now.

Here is a link to information from The Industrial Commission of Arizona:

https://www.azica.gov/sites/default/files/COVID SPS.pdf

 

[FarmerJ]

Snowman I had the first phizer shot in late feb and second shot in about 16 days later. BUT I did test positive for covid in december, Im pretty sure I shared it here at home and at one site I worked at So anyway where im going with this is that you had enough time so far for both shots to have likely protected you. It would be very hard for you to prove you got it from the co worker SO I guess for now you may well want to mask up before entering your workplace for every shift use hand sanitizer and maintain safe distancing at work and be polite but firm when you tell co workers and bosses to maintain safe distancing and talk to your employer about its policies for testing and encourage your employer to encourage others to get the shot now that their is one with approval.

 

[quincy]

Snowman I had the first phizer shot in late feb and second shot in about 16 days later. BUT I did test positive for covid in december, Im pretty sure I shared it here at home and at one site I worked at So anyway where im going with this is that you had enough time so far for both shots to have likely protected you. It would be very hard for you to prove you got it from the co worker SO I guess for now you may well want to mask up before entering your workplace for every shift use hand sanitizer and maintain safe distancing at work and be polite but firm when you tell co workers and bosses to maintain safe distancing and talk to your employer about its policies for testing and encourage your employer to encourage others to get the shot now that their is one with approval.

There are breakthrough infections that potentially can be traced to a specific source - and, if that tracing is logical, a worker’s compensation claim is a possibility.

Although I think contracting a Covid infection at one’s place of employment could be a difficult thing to prove, Arizona says that a worker’s compensation claim cannot be categorically denied. Depending on facts, filing a claim could make good sense.

 

[cbg]

Bottom line:

There is nothing preventing Snowman from filing a workers comp claim for Covid.

There is nothing guaranteeing Snowman that his workers comp claim will be accepted.

 

[quincy]

Bottom line:

There is nothing preventing Snowman from filing a workers comp claim for Covid.

There is nothing guaranteeing Snowman that his workers comp claim will be accepted.

That sums it up nicely.

My original post was to indicate that Doodah’s statement (“You certainly would be entitled to WC coverage”) was not quite accurate. There is no certainty.

 

[Zigner]

That sums it up nicely.

My original post was to indicate that Doodah’s statement (“You certainly would be entitled to WC coverage”) was not quite accurate. There is no certainty.

Well, to be precise...all employees are entitled to WC coverage. Whether this claim would be accepted is a different question...

Also, you are not accurately quoting the statement. The full statement was: "In the unlikely event you contract COVID from work, you certainly would be entitled to WC coverage."