The most current statistics show that more than 600,000 South Carolinians have been infected with the coronavirus. And tragically, nearly 10,000 people in our state have lost their lives to COVID-19. Many of these infections affected healthcare workers, first responders, and other essential workers on the front lines of the pandemic response.
Now that most businesses have reopened to the public, many workers are wondering about South Carolina workers’ compensation for COVID-19. While workers’ comp benefits are supposed to protect those injured at work, it remains unclear whether workers who contract COVID-19 on the job will qualify. To learn more, keep reading or contact the workers’ compensation lawyers of Land Parker & Welch LLC for a free consultation.
Will Workers’ Compensation Cover Coronavirus in South Carolina?
South Carolina workers’ compensation benefits are designed to help employees recover when they sustain on-the-job injuries or occupational illnesses. But getting coverage for a work injury is generally easier than obtaining benefits for job-related diseases. In fact, South Carolina law states that job injuries do not include diseases “in any form” unless they occur as a direct and natural result of hazards that are “peculiar” to a particular job. The purpose of these limitations is to prevent employees from filing workers’ compensation claims for common illnesses, such as seasonal colds or influenza. (See the South Carolina Code of Laws regarding occupational diseases).
South Carolina workers’ compensation laws were not written with diseases like COVID-19 in mind. The coronavirus is not “peculiar” to any particular job or lifestyle, but we now know that certain occupations place workers at greater risk of exposure. This means some employees who contract COVID-19 for work-related reasons may have difficulties claiming benefits to which they should be entitled.
A bill was introduced in the South Carolina House of Representatives that would entitle health care providers, first responders, and correctional officers to the presumption that any diagnosis of COVID-19 they receive is employment-related. The bill also seeks to provide temporary total disability benefits for these workers when they’re required to isolate and miss work due to a positive or suspected coronavirus diagnosis.
This bill may be a step in the right direction, but it hasn’t passed yet. And even though health care providers, first responders, and correctional officers are undoubtedly on the front lines of our pandemic response, plenty of other workers are also at high risk of exposure. Retail workers, food service employees, and others who frequently interact with the general public are essential workers, and they also deserve compensation for risking their health and safety.
It can be challenging to claim benefits for any occupational illness in South Carolina, but the circumstances surrounding the COVID-19 pandemic are entirely unprecedented. If you believe you might be entitled to workers’ compensation benefits after contracting the coronavirus at work, it’s best to speak with a knowledgeable attorney.
What Evidence Would You Need for a COVID-19 Claim?
Although COVID-19 might normally be considered a non-compensable illness under South Carolina workers’ comp law, it might be possible to claim benefits if you can prove that your job subjects you to a higher risk of contracting the disease. To do so, you would need the following types of evidence to support your coronavirus workers’ compensation claim:
- Evidence of a positive COVID-19 screening test
- A suspected or positive COVID-19 diagnosis from a medical professional
- Evidence that your job duties put you in regular contact with people who could have exposed you to the coronavirus (e.g., an overview of your job duties, copies of your schedules, and photos or video footage of you on the job).
- Proof that you did your best to avoid exposure while not at work, such as bank statements or grocery delivery receipts showing that you limited your time in public and quarantined according to healthcare mandates
Remember that workers’ compensation benefits are “no-fault” benefits, which means you are not required to prove that anyone is to blame for your illness to receive compensation. However, if you have evidence that your employer did not take appropriate steps to reduce transmission in the workplace and you contracted COVID-19 as a result, you could have grounds for a personal injury claim. Determining whether you have a workers’ comp case or a personal injury claim is a job for the attorneys at Land Parker & Welch LLP.
Which Workers Infected by COVID-19 Qualify for Workers’ Compensation?
Not all South Carolina employers carry workers’ compensation insurance, which means not all employees cannot access state benefits. Generally speaking, only employers with four or more regular employees must have workers’ comp insurance. However, the law outlines several exceptions, such as:
- Casual employees who work on an irregular, as-needed basis
- Employers paid less than $3,000 in payroll within the past year
- Agricultural, railroad, or railway express employees
- Licensed real estate agents who work under a real estate broker
- Federal employees of the state of South Carolina
If you are entitled to workers’ compensation benefits under the law, you deserve full and fair benefits for any work-related injury or illness you sustain. The attorneys of Land Parker & Welch LLP can evaluate your eligibility and file your workers’ compensation claim for COVID-19 if you qualify.
What Types of Benefits Could be Available in a COVID-19 Claim?
The benefits from a workers’ compensation claim help employees treat their work-related injuries or illnesses and provide partial wage replacement until they get back to work again. In a successful COVID-19 workers’ compensation claim, you could receive benefits such as:
- All reasonable medical expenses
- Temporary disability benefits, which cover a portion of your lost wages
- Compensation for permanent disability or disfigurement
- Reimbursement for travel expenses to and from medical appointments
- Death benefits for surviving family members of workers who died from COVID-19
Contact Our Workers’ Compensation Attorneys for Help with Your Claim
If you suspect you have grounds for a COVID-19 workers’ compensation claim, it’s important to act now. Let the attorneys of Land Parker Welch LLP evaluate your situation in a free initial case review. Contact us today to speak with a dedicated South Carolina workers’ compensation lawyer.
