Filing COVID-19 Injury Claims: A How-To Guide

covid-19 injury claims

Did you know there have been more than 8 million COVID-19 cases throughout the United States? It’s true we have experienced one of the worst outbreaks in the world.

With over 200,000 deaths, health officials, school districts and companies are all scrambling to find the safest ways for society to adjust to this deadly pandemic. However, there has been a recent spike in COVID-19 injury claims toward businesses for being lenient about social distancing, providing improper safety equipment and failing to keep employees and customers safe.

If you or a loved one recently contracted COVID-19 on the job, you may be wondering if you can file a personal injury lawsuit in Montana. In the following article, we will discuss the most commonly asked questions about COVID-19 injury claims.

What should I do if I was infected at work?

If you contracted COVID-19 at your job due to someone else’s negligence, then you should contact a personal injury attorney right away. Considering all your legal options is the first step to recovering compensation for any medical bills, lost wages and emotional distress caused by your illness. These are the steps you should take:

  • Contact a workers’ compensation lawyer in Montana
  • Determine whether your illness arose at work
  • Hire an attorney who will fight for your recovery

Workers’ compensation is the type of insurance provided to businesses to cover any expenses paid by employees due to work-related injuries or illnesses occurring on the job. This includes slip and fall injuries, machinery accidents and even contracting COVID-19 due to failed safety measures.

Should I file a COVID-19 injury claim?

If you are ever injured due to someone else’s negligence, you should always file a personal injury claim. Medical bills and lost wages can add another level of stress on your life on top of your injuries.

When it comes to filing COVID-19 injury claims, your attorney will do all of the negotiating for your so that you can focus on your recovery.

How quickly do I need to file a COVID-19 lawsuit against an employer?

The simple answer is right away.

Like most personal injury claims, filing COVID-19 lawsuits expire after two years from when you were infected with the virus at work. This means if you contracted the virus in March of 2022, then you have until March of 2022 to file your legal claim.

Does workers’ compensation exclusivity apply to COVID-19 injury claims?

Workers’ compensation exclusivity means that you can obtain compensation benefits but cannot sue your employer for civil damages.

So, the question is: does this also apply to COVID-19 cases? State laws vary depending on whether an illness or death caused by the virus is covered by the workers’ compensation program in your state.

Although, some states are starting to recognize when negligence is absolutely inherent. These exceptions are:

  1. Employees were denied access to proper COVID-19 safety gear, such as masks and hand sanitizer
  2. Employees were given inaccurate information about the safety of the workplace

If you contracted the virus on the job, you should speak with a workers’ compensation attorney right away. Your attorney will help you build a strong COVID-19 injury claim so that you can get the recovery you deserve.