Workers’ Compensation Benefits for Long COVID
Workers’ Compensation Benefits are available for those eligible workers who have been exposed to COVID at work and contracted the disease and remain ill from Long COVID. A recent study indicates of COVID patients indicates that two after coming down with COVID, over 50% of those patients still suffer from at least one virus-related condition.
Workers’ Compensation Benefits for Long Covid
Workers’ Compensation Benefits (Temporary, Medical, and Permanent) are available for those ill employees who have suffered illness from work-related COVID-19 exposure and disease.
1. Temporary Disability Benefits
When an injured worker is out of work and under authorized medical care for more than seven days (retroactive), the worker is entitled to receive temporary disability benefits.
2. Medical Benefits
The employer or its workers' compensation insurance carrier will pay for all authorized medical treatment.
3. Permanent Disability Benefits
The petitioner must prove that by demonstrable, objective medical evidence, there is a disability restricting the functions of the body or its members or organs. The disability appreciably impairs the ability to work or substantially interferes with other aspects of life.
Some long-term residuals have been named “Long COVID.” A recent study reported that “The sequelae after recovery from acute COVID-19 have been widely reported and have become an increasing concern. In our previous cohort study with a median follow-up time of 6 months after symptom onset, approximately three-quarters of COVID-19 survivors discharged from the hospital still had persisting symptoms, and patients who were critically ill during hospital stay had a higher risk of lung diffusion impairment and radiographic abnormality than did those who had lower disease severity.” “Long Covid” symptoms may appear even after mild or asymptomatic disease.
Symptoms of Long COVID [PASC - Post-Acute Sequelae of SARS-Co-V-2 Infections]
- Loss of sense of taste or smell
- Sore throat
- Runny nose
- Ear pain
- Chills or shivering
- Feeling feverish
- Chest pain
- Shortness of breath
- Joint or muscle pain
- Difficulty concentrating
- Vision issues
- Anxiety-Mental Health
- Blood clots
It has been estimated that 30% of COVID-10 survivors will result in PASC. The number may even be higher.
Proving an Occupational Exposure Claim in a Pandemic World: “It’s Airborne”
Recently advanced research is refocusing on how the workplace dynamic needs to shift to prevent occupational exposures in a pandemic world. A new study suggests that the airborne transmission of respiratory viruses plays a significant role in spreading COVID-19. Understanding the mechanisms of airborne transmission provides insight into occupational exposure and its causal relationship to disease in the workplace.
The study was published in Science:
“The COVID-19 pandemic has revealed critical knowledge gaps in our understanding and a need to update the traditional view of transmission pathways for respiratory viruses. The long-standing definitions of a droplet and airborne transmission do not account for how virus-laden respiratory droplets and aerosols travel through the air and lead to infection. In this Review, we discuss current evidence regarding the transmission of respiratory viruses by aerosols—how they are generated, transported, and deposited and the factors affecting the relative contributions of droplet-spray deposition versus aerosol inhalation modes of transmission.
Consult an Attorney-at-Law
If you have been exposed to COVID-19 in the workplace and are suffering from Long Covid symptoms, you should consult an attorney at law as soon as possible to determine whether a formal claim can be filed on your behalf.
Recommended Citation: Jon L. Gelman, Workers’ Compensation Benefits for Long COVID, Workers' Compensation Blog (May 17, 2022), https://workers-compensation.blogspot.com/2021/09/workers-compensation-benefits-for-long.html
Recognition of Post Acute Sequela of COVID
"The World Health Organization (WHO) created the ICD-10 code, U09.9, which is being proposed to be adopted into ICD-10-CM (the United States version of the classification system) without modification. WHO named it ‘Post COVID-19 condition, unspecified,’ and their instructional note says, “this optional code serves to allow the establishment of a link with COVID-19. This code is not to be used in cases that still present COVID-19.”
"There will be an instruction to “Code first the specific condition related to COVID-19, if known, such as chronic respiratory failure, J96.1-, loss of smell and taste, R43.8.” The expected implementation date is October 1, 2021." ICD10 Monitor
Health outcomes in people 2 years after surviving hospitalization with COVID: a longitudinal study, L. Huang, et al., Lancet Respire Med 2022, https://doi.org/10.1016/ S2213-2600(22)00126-6, Many 11, 2022.
Scientists identify characteristics to better define long COVID, National Institutes of Health, May 16, 2022.
The Biden Administration Accelerates Whole-of-Government Effort to Prevent, Detect, and Treat Long COVID, The White House, April 5, 2022.
Presidential Memorandum on Addressing the Long-Term Effects of COVID-19, President Joseph Biden, April 5, 2022.
Recorded Webinar: Brown University School of Public Health’s Long COVID-19 Initiative, Dr.Francesca L. Beaudoin, WRCI, May 4, 2022.
Long COVID or Post-COVID Conditions, CDC, May 5, 2022.
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 5 decades the Law Offices of Jon L Gelman 1.973.696.7900 firstname.lastname@example.org have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Updated: May 20, 2022
Machine-learning models may detect patients at risk for long COVID-19Machine-learning models created by a National Institutes of Health (NIH)-supported research team can identify, with high accuracy, patients likely to have long COVID, according to a study yesterday in The Lancet Digital Health.
Pain, Breathing Difficulties and Hyperlipidemia among the Most Common Post-COVID Conditions across All AgesMany patients recover from COVID-19 within a few weeks, but some exhibit persistent or new symptoms more than four weeks after first being diagnosed.
66 hospitals, health systems that have launched post-COVID-19 clinics 2/9/2022Many hospitals and health systems have created COVID-19 recovery programs, or post-COVID clinics, to support patients who experience lingering symptoms weeks or months after being cleared of the illness — a population now widely known as COVID-19 long-haulers.
How Long Covid Exhausts the BodyMillions of people continue to suffer from exhaustion, cognitive problems and other long-lasting symptoms after a coronavirus infection. The exact causes of the illness, known as long Covid, are not known. But new research offers clues, describing the toll the illness takes on the body and why it can be so debilitating.
Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live UpdatesThe enormity of a COVID-19 [coronavirus] virus pandemic presents a new and novel challenge to the system and one that must be considered by both Federal and State planners. Workers’ Compensation programs have adapted to emergencies before, including natural disasters and terrorist attacks. The urgency of the situation requires that the system be prepared now.
US Government Accounting Office Report on Long COVIDPeople with long COVID might leave the workforce, causing them to lose wages and employer-based health insurance. This could affect the broader U.S. economy through decreased labor participation and an increased need for use of SSDI or other publicly subsidized insurance.
Over 75 Percent of Long Covid Patients Were Not Hospitalized for Initial Illness, Study FindsMore than three-quarters of Americans diagnosed with long Covid were not sick enough to be hospitalized for their initial infection, a new analysis of tens of thousands of private insurance claims reported.
COVID‐19 as an occupational diseaseThe health implications of COVID‐19 for the global workforce are multifaceted and complex, warranting careful reflection and consideration to mitigate the adverse effects on workers worldwide.
COVID Boosters: What Employees and Employers Need to KnowMany employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed.
Reduced Exercise Capacity, Chronotropic Incompetence, Inflammation and Symptoms in Post-Acute COVID-19 5/19/2022Reduced exercise capacity and reduced heart rate response to exercise, and hsCRP are associated with persistent cardiopulmonary symptoms more than 1 year following COVID-19. Chronic inflammation and autonomic dysfunction may underlie cardiopulmonary PASC.
RECOVER: Researching COVID to Enhance RecoveryLong-term effects of COVID may be different for everyone and they can affect many different parts of the body, such as the brain, heart, and lungs. And people who have PASC, including Long COVID, can have different kinds of effects. These effects may come and go, and they may last for a few weeks, a few months, or longer.
Post–COVID Conditions Among Adult COVID-19 SurvivorsCOVID-19 survivors have twice the risk for developing pulmonary embolism or respiratory conditions; one in five COVID-19 survivors aged 18–64 years and one in four survivors aged ≥65 years experienced at least one incident condition that might be attributable to the previous COVID-19.
A Longitudinal Study of COVID-19 Sequelae and Immunity: Baseline FindingsIncreased risk for PASC was noted in women and those with a history of anxiety disorder.