Healthcare workers have demanding and dangerous jobs. When something goes wrong, and your work makes you sick, you need a lawyer who can help you get workers’ comp for infectious diseases in healthcare.
As soon as you realize that your infectious disease came from exposure at your job, call the aggressive workers’ comp lawyers of Calhoon & Kaminsky, P.C. With over two decades of successful workers’ compensation cases under our belts, we know how to pursue the benefits you’re entitled to and get the maximum compensation you’re owed.
When you’re dedicated to healing others and you become ill yourself in doing so, don’t try to handle your claim by yourself. Call Calhoon & Kaminsky, P.C., today for a free consultation. You can talk with a lawyer who can advise you about your next steps.
Overview of Workers’ Comp Benefits for Health Care Worker Exposures in Pennsylvania
Most Pennsylvania employers are required to carry workers’ compensation coverage for their employees. That means most healthcare workers who acquire infectious diseases in the course of their work are covered by their employer’s workers’ compensation insurance.
Because workers’ compensation insurance is an “exclusive remedy” in Pennsylvania, an injured worker who accepts workers’ comp benefits cannot sue their employer for their work-related injury. In exchange, the worker does not have to prove that someone else was at fault for causing their injury.
In the case of an infectious disease, the employee does not have to prove that the employer’s quarantine methods or healthcare processes were inadequate to keep the worker from being injured. Infectious disease workers’ comp benefits should be available immediately upon the injured worker’s report of the disease and proof that they acquired it while performing their job.
Are Workers’ Comp for Infectious Diseases Covered in PA?
Yes. Healthcare workers who acquire an infectious disease while performing their work duties are covered by their employer’s Pennsylvania workers’ compensation insurance. The Pennsylvania Workers’ Compensation Act includes provisions for occupational diseases.
An occupational disease is a condition caused by a person’s working conditions or their job. Some conditions develop gradually over time, such as coal worker’s pneumoconiosis or mesothelioma, while others occur after a single exposure, such as contact with someone with hepatitis or HIV in a healthcare or prison setting.
People who work in healthcare are significantly more likely to come into contact with infectious diseases than people in other occupations.
How Can the Workers’ Comp Lawyers at Calhoon & Kaminsky, P.C., Help?
Calhoon & Kaminsky, P.C.’s attorneys can help you with your infectious disease workers’ comp case in several ways. First, we can investigate to determine the potential exposure date and location. Our lawyers can obtain records from the facility and your medical records to track your exposure and the progression of the infectious disease.
Our attorneys can handle all communications with your employer and with their workers’ compensation insurer on your behalf. You won’t have to worry about anything when we take on your case. We’ll stay on top of any deadlines, pursue the benefits you deserve, and work to obtain the evidence that proves your exposure was work-related.
How to Prove Infectious Disease Exposure is Work-Related
You may have an easier time proving that your exposure to the infectious disease you acquired was work-related because your work takes place in a healthcare setting. First, you must prove that you have the infectious disease. Your medical records should meet that condition.
Next, you must prove that you came into contact with the disease at work. This can be accomplished in two parts. First, we’ll need testimony from a medical professional about how long it would take for symptoms to appear. This information can provide a better idea about the specific timeframe of your exposure. Then, we would acquire records from your facility about which infectious diseases were present on the specific day or days you believe you were infected.
We would also need to show that nothing in your regular life included contact with people who were infected with the disease you acquired at work.
Taken together, all this information could make a strong case that your infectious disease came from your workplace.
Filing a Workers’ Compensation Claim for an Infectious Disease
In Pennsylvania, the law makes certain occupational diseases compensable for first responders and other healthcare workers. These diseases include hepatitis and tuberculosis. You should file a claim as soon as you know you’re infected and believe the exposure occurred at work. The sooner you file, the sooner you can receive benefits.
Under the Pennsylvania Workers’ Compensation Act, you have three years from the date of your exposure to file a claim. Your injury or disability must occur within 300 weeks of your last date of employment in the occupation you had at the time of the exposure.
What Benefits May Be Available
Pennsylvania workers’ compensation benefits include the following:
- Medical Expenses – Workers’ comp will cover the reasonable medical expenses required to treat your illness.
- Wage Loss Benefits – If your illness keeps you from working, you’ll be entitled to partial wage replacement while you’re off work.
- Death Benefits – If your illness results in your death, your surviving family members may be entitled to death benefits, including funeral and burial expenses.
Determining which benefits you may be owed can be tricky. When you’ve acquired an infectious disease at work, your best option is to engage an experienced Pennsylvania workers’ compensation lawyer to handle your case for you.
Get Help from a Workers’ Compensation Lawyer at Calhoon & Kaminsky, P.C.
We at Calhoon & Kaminsky, P.C., have been helping injured workers in Pennsylvania get the benefits they’re entitled to for more than 20 years. When your livelihood is on the line, don’t try to learn the workers’ compensation system so you can handle your own case. You can rely on our lawyers to fight for the fair benefits and compensation you need.
Our team has secured more than $221 million for injured workers and their families. We’re skilled at maximizing workers’ comp settlement and awards, and are willing to put our experience to work for you.
We’ll return your calls and answer your questions. The most important person in your case is you, and we want to make sure you’re taken care of. Call us today for your free, fully confidential consultation about how our workers’ comp for infectious disease lawyers can help you get the benefits you’re entitled to.
