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How Do I File a COVID-19 Workmen Comp Claim?

Updated on May 21, 2020

Workers Compensation and Covid 19

Preface: The Phenomenology of Donald Trump

The one unequivocal statement you can make about Donald J. Trump, is that everyone has an opinion about him -- be it good/bad? Many other politicians scarcely if ever receive this attention. I'm going to say this, I've heard comments made from the right concerning Trump that I felt to be irretrievably inappropriate; I've heard comments made from the left concerning Trump that I felt to be irretrievable inappropriate. So there, I said (wrote it actually).

Trump is a cheerleader:

Trump cheers about the economy (despite all taking place with Covid...) and that "all won't just be well, it'll be even better than ever before." Like a 17 year old beautiful cheerleader cheering for her handsome quarterback boyfriend so he'll bring in another big win for their varsity. Well, we all know life just doesn't work that way.

We all need to return back to work, eventually, but we should do it safely, not only to make sure we're safe, but also to ensure the safety of others. --Don't rush!



Anecdotes

I remember more than 10 years ago. I was driving and listening to the radio (definitively over 10 years ago, because I haven't listened to talk radio while driving for about 12 years or so...). I was listening to a talk show moderated by this financial guru who helps people get out of debt. He's a big name pundit in the world of self-help and finances. A man called him. This man lived in a trailer park and hadn't worked for 1 year. He had no money coming in, and subsided on can goods and left overs his neighbors would give him. This man was a follower of one of the foremost right wing pundits in the USA, whose name I'm sure you know, but whose name I believe is inconsequential at this moment. He had no money coming in (I know he was telling the truth, because I was a social worker and know that it's very difficult for a single person to obtain cash from the state -- food stamps aka EBT and Medicaid maybe, but not cash). He said he was offered a union job, but had decided to turn it down, because he knew how his idol (pundit) felt about unions. I admired this person's ethics, but he was being unreasonable. In fact, I'm almost certain this pundit would have told him he should make an exception in this case.

Moral of the story: you need to first and foremost remain true to yourself and your values. That said, if you're injured on the job, you should always file a workers comp claim. I'd never advocate for anyone to file a fraudulent workmen compensation claim, but if you're injured -- do it -- you have nothing to lose and everything to gain.

The Wrong Way to File a Covid 19 Workmen Compensation Claim (Parody)

Michael Davis has worked for XYZ for 10 years. He's in his early 30's. He shows up at work sick one day and decides to go home. He then schedules a doctor's appointment. He visits a doctor who after testing informs him that he has contracted Covid 19. Michael is inordinately upset. XYZ, the company Michael works for, is a meat packing company. Michael reports to work the following day. He has a conversation with his manager. He then asks to fill out a work-comp claim on the premise that he feels he contracted Covid 19 from co-worker Nick Stevens. Nick Stevens contracted Covid 19 one month ago and was immediately sent home on sick leave, but not before infecting a couple of people. Michael is convinced he's one of those people Nick infected. In his initial filing, he explains that although he went to a beach party 2 weeks prior with 10 of his best friends, all of whom were in very close proximity to one another, not to mention eating from each other's plates and sharing drinks, etc., regardless, he still thinks Nick infected him with Covid, because he and Nick work all day in very close proximity to one another. Claim now goes through Discovery Period. None of Michael's friends have gotten a Covid 19 test, nor want to. They're contacted by the workers compensation claims adjuster, they tell him/her that they're not sick and don't feel they should take the Covid test. Claim is denied. Michael hires an attorney to represent him.

Mistakes Michael Made When Filing a Workmen Compensation Covid 19 Claim (Parody)

Because Covid 19 is in many people asymptomatic, it's very difficult to decipher whom you could potentially contract it from. Michael should have remained steadfast and just comply with what was asked of him, but shouldn't have divulged information without first contacting an attorney and discussing his narrative with him/her. I've said it a few times in previous articles. Attorneys exist for a reason. It's very easy to contact one today -- email, website, etc., i.e., you don't need to physically come into contact with one in order to have your narrative heard. All said, you shouldn't lie either. Answer every question posed to you with "to the best of my recollection." Don't worry, it's the job of the claims adjuster to investigate your case during "Discovery Period."

Caveat: if you think, or know you have Covid 19, do not physically show at work without first notifying your bosses. Not even sure you can do this. However, today, because of computers and the internet, you may be able to do what you need to do via online.

Be Clear and Concise with Your Narrative

If need be, first write down what you're going to say, go over it in your mind, so you can be ready to concisely tell your story when the time comes.

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