• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Atlanta, GA Workers Compensation Lawyer Gerber & Holder Workers' Compensation Attorneys

Atlanta Law Firm

Offices in Atlanta, Athens & Columbus Georgia

(678) 802-8650 Free Consult

  • Team
  • Common work injuries
    • Back and neck
    • Car accident
    • Catastrophic
    • Spinal cord
    • Construction
    • Truck accident
    • Head and brain
  • Workers’ compensation
    • Workers’ comp benefits guide
    • Workers’ comp FAQs
    • Help with claim denials
  • Who we represent
  • Resources
    • Reviews
    • Verdicts
    • Scholarships
    • Videos
    • Blog
  • Contact
  • Español

Are Georgia Workers Eligible for Compensation After Contracting COVID-19 At Work?

Work Injury Lawyers (Home) / Blog / Georgia Workers & Industry News / Are Georgia Workers Eligible for Compensation After Contracting COVID-19 At Work?

By Benjamin Gerber

With COVID-19 ever-present on our minds, we’re always wondering what it will affect next. It’s changed the way we do everything. The latest change is the eligibility requirements for workers’ compensation.

According to the Department of Labor (DOL), the Federal Employees’ Compensation Act (FECA) gives federal employees the right to file for compensation after contracting COVID while on the job. Thus far, around 3,500 federal employees have been given injury compensation as well as death benefits to 14 others, according to Fox 5 Atlanta.

“There have been 6,620 COVID-19 FECA claims, of which 3,477 have been accepted, 339 were denied, 191 have been withdrawn, and 2,613 are unadjudicated,” a DOL spokesperson said. “There have been 91 COVID-19 death claims, of which 14 have been accepted, 9 have been withdrawn, and 68 are unadjudicated.”

The tricky part about this compensation is that it’s often hard to prove that the disease was actually contracted at work. However, certain jobs are more high risk, such as first responders, hospital staff and law enforcement, and therefore seeking benefits may come easier.

“In such cases, there is an implicit recognition that a higher likelihood exists of infection due to high-risk employment,” the DOL spokesperson said. “Federal workers in such positions routinely encounter situations that may lead to infection by contact with sneezes, droplet infection, bodily secretions, and surfaces on which the COVID-19 virus may reside.”

If a federal employee’s claim is accepted through the FECA program, then the worker will be entitled to typical workers’ compensation benefits including medical services, supplies issued by a physician and any other related injury needs. If COVID-19 has disabled the worker, they are also eligible for up to 45 days of continuation of pay.

In the case of COVID-19 related death, the family of the deceased may be eligible for benefits such as the average weekly pay of the worker. Funeral expenses may also be included up to $800.

COVID-19 workers compensation

Covid-19, vaccine mandates and challenges with workers’ compensation

COVID-19 has created new challenges in the workplace, forcing workers, employers and insurers to reconsider how they handle issues like safety protocols, workplace injuries and workers’ compensation benefits.

Learn more

Workers’ compensation for average Georgia employees

While this is good news on the federal level, what about everyday employees? Are non-government workers eligible for workers’ comp if they get COVID at work?

There is a precedent for occupational illnesses according to Georgia law:

Diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee’s dependents first prove to the satisfaction of the State Board of Workers’ Compensation all of the following:

(A) A direct causal connection between the conditions under which the work is performed and the disease;

(B) That the disease followed as a natural incident of exposure by reason of the employment;

(C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;

(D) That the disease is not an ordinary disease of life to which the general public is exposed;

(E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.

Unfortunately, under the current law, most Georgia workers won’t qualify for coronavirus-related workers’ compensation because the risk for catching COVID is so high outside of the workplace. It’s almost impossible to prove that you contracted it while on the job as opposed to somewhere else, such as the grocery store, gas station, etc.

But as we’ve seen, the rules keep changing as we learn more about COVID and we adjust appropriately. In the meantime, even if you aren’t eligible for workers’ compensation for COVID, you may have other options for receiving benefits in this pandemic.

Reach out to our team at Gerber & Holder Law today to discover what benefits you may be eligible for or to file a workers’ compensation claim. We’ll get started through your free consultation.

5-star review image
Amazing throughout the entire process
Back and Neck Injury  |  Atlanta
Workers' Compensation
2019-07-12
"I would absolutely recommend Tom Holder if you are looking for a Worker's Comp Lawyer in Atlanta. He ..."
Peggy, Verified Customer
5-star review image
Pleased
Back and Neck Injury  |  Atlanta
injury to right shoulder, rotator cuff tear, lifts heavy hoses on gas truck
2020-06-29
"I was very satisfied"
James, Verified Customer
5-star review image
You Come First
Other Work-Related Injury  |  Atlanta
shoulder injury while working, with our legal representation we were able to get him a settlement
2020-09-27
"Was injured while working on the job and my job continued to sweep the incident under the rug ..."
Kyle Smith, Verified Customer

Primary Sidebar

    How much is your injury worth?

    Schedule Your Free Consultation

    Categories

    • Community
    • Firm News
    • Georgia Workers & Industry News
    • Workers' Compensation

    Footer

      How much is your injury worth?

      Schedule Your Free Consultation

      Scroll back to top

      Georgia workers' compensation lawyers with offices in Atlanta and Athens

      (678) 802-8650

      Facebook LinkedIn Twitter
      “YouTube” “Instagram” “TikTok”

      Gerber & Holder Workers' Compensation Attorneys: Georgia Enjuris Partner Attorney

      Quick Links

      Benjamin Gerber Thomas Holder Common Work Injuries Car Accidents On-the-Job Injured in Atlanta

      Workers' Compensation Who We Represent Reviews File for Bankruptcy Contact Us

      Locations

      Atlanta office
      16 Lenox Pointe NE
      Atlanta, GA 30324

      Athens office
      337 South Milledge Ave, Ste. 209-7
      Athens, GA 30605

      Columbus office
      1340 14th St
      Columbus, GA 31901

      Copyright © 2023 · Gerber & Holder Workers' Compensation Attorneys · Workers' Comp Lawyer in Atlanta · Disclaimer · Privacy Policy

      Lawyer Marketing & Web Design by SEO Advantage, Inc.