If you or a loved one contracted the coronavirus (COVID-19) at work, you might be eligible for workers' compensation. Certain job categories are more likely to qualify for the benefits. Here's what you should know about how Kentucky is analyzing and treating such claims. 

What Is an Occupational Disease?

When COVID-19 is classified as an occupational disease, employees who are ill can apply for workers' compensation benefits. Generally, workers filing occupational disease claims must prove they have been diagnosed and are suffering from the disease and that their illness arose out of their employment. In addition, the conditions that caused the illness cannot be common to the public, but must be conditions peculiar to the job.

For example, illnesses such as a cold or flu do not qualify for benefits because they are not peculiar to the job. However, black lung disease is peculiar to the coal mining industry, and not common to the public, so employees with this condition qualify for benefits. 

What Are High-Risk Jobs?

Kentucky's employees working in high-risk categories stand a good chance of receiving benefits. High-risk jobs, such as first responders, healthcare, and travel industry professionals, inherently expose workers to transmittable diseases, including COVID-19. In March 2020, Gov. Andy Beshear announced Kentucky Employers Mutual Insurance (KEMI) was extending wage replacement benefits to medical personnel and first responders under quarantine for COVID-19. 

What Benefits Can You Claim?

The Executive Order of April 9, 2020, allows payment of temporary total disability benefits to healthcare entity employees, law enforcement, emergency medical services, fire departments, and corrections officers if they are under COVID-19 quarantine as their employer ordered. Others eligible under the order are members of the military, social workers, grocery workers, the postal service, and childcare workers permitted by the Cabinet for Health and Family Services. 

Along with the temporary total disability benefits from the first day you leave work, you might receive permanent total or partial disability benefits. You must prove a permanent impairment, including any physical or pulmonary condition, under the American Medical Association (AMA) Guidelines, 5th Edition. Your medical costs are also compensable. 

If you or a loved one contracted COVID-19 at work, consult Danny E. Darnall, Attorney at Law in Elizabethtown, KY. For over 40 years, this firm has helped injured individuals file and pursue claims successfully for workers' compensation. Combining knowledge and compassion, this lawyer is an effective advocate who seeks the maximum benefits for each client. For more about how they can help you, visit the website, and call (270) 769-9179 to schedule a consultation appointment.