COVID-19 has impacted all of our lives. Here at the Springfield VT personal injury law firm of Brady / Donahue, we want you to know that while we have implemented new measures to protect everyone's safety, privacy, and health during this time, we are still taking on new cases, and we remain committed to providing excellent legal service for workers and injury victims seeking compensation. Below are some common questions that we have been receiving during the Coronavirus pandemic.
Can I file for Workers' Compensation if I was injured working from home during COVID-19?
In general, an employee injury or illness is compensable under Vermont law if it arises out of and in the course of employment, regardless of the location where the injury occurs. Proving that your work caused an injury when working remotely is complicated, especially when the injury could have theoretically occurred at home when you weren’t working. It's best to speak to the Vermont workers' compensation attorneys at Brady / Donahue to see if you have a valid claim.
Can I make a Workers' Compensation claim for COVID-19 as an essential worker in Vermont?
Yes. On July 13th, the Vermont state legislature passed S.342 which sets in place temporary workers' compensation amendments related to COVID-19. The bill allows any employee to file for benefits if they contract COVID-19 on the job, including front line workers which are defined as: firefighters, law enforcement officers, ambulance workers, correctional officers, health care workers, nurses, doctors, child care providers, and grocery store employees, among other occupations. In addition, front line workers temporarily (from March 1 2020-Jan 15, 2021) do not have to prove they were injured or fell ill while on the job. However the presumption of proof goes away if the essential worker is offered a COVID-19 vaccine and refuses it.
Should I continue with treatment or non-elective surgery for my injury, and how will that affect my case?
Yes, but first consult with your provider. Some health care offices have amended protocols for seeing existing patients. Typically, when an insurance company sees large gaps in treatment, they'll argue you have reached a medical endpoint in an effort to terminate your weekly wage benefits. However, COVID-19 is a valid reason to avoid treatments if it is deemed unsafe to complete them during the pandemic.
What happens if I get COVID-19 while receiving treatment for an injury?
It is possible that someone might contract COVID-19 while receiving treatment for an injury, extending their hospital stay. In the event this happens, make sure to keep track of all documentation so that you are not left on the hook for more medical bills, then speak to the Vermont injury attorneys at Brady / Donahue.
Are the Vermont courthouses still open? How will COVID-19 affect my case?
Yes, the Vermont courts are open but they are operating differently during this time. For instance, civil jury trials are not being held, and many court hearings are being held virtually or over the phone. Attorneys are meeting with judges and handling court cases over Zoom, and mediations are also being done remotely. Despite the distancing measures in place, we have not noticed a slowdown in the courts' or insurance companies' ability to process claims, verdicts, settlements, etc.
How is Brady / Donahue handling personal injury and workers' compensation cases during the COVID-19 crisis?
Our offices are open and we are taking new cases for personal injury and workers' compensation in Vermont. While most of the work is done remotely these days, we have not had issues with resolving cases for our clients, and it is still "business as usual" in many aspects. Our attorneys are ready to work with you via the communication of your choice, including video conferencing, email, and phone.
If you've been injured in Brattleboro, Bennington, Springfield, White River Junction, or anywhere in Vermont and need a personal injury lawyer or workers' compensation lawyer, contact the law firm of Brady / Donahue today. We'll protect your best interests, we'll handle the paperwork, and we'll deal with the insurance company to ensure that you are rightfully compensated. Call (802) 885-2001 or message us today for a FREE initial consultation to get started building your claim.
