California employees diagnosed with Covid-19 are presumed to have transmitted the virus while at work if they were on work premises within 14 days of being diagnosed. There is a rebuttal presumption that California employees diagnosed with the coronavirus between March 19, 2020 and July 5, 2020 contracted the disease on the premises of their employer. This is a significant development for workers in the California jail, prison, and detention community where work related transmissions have been high. Workers need to take advantage of this law.
The Coronavirus may create permanent disabilities such as sense of smell and lung capacity. It is not ok to suffer such dramatic consequences due to the important job you do, and not be compensated especially if it decreases your ability to do your job now or in the future.
Call 661-412-9600 to get important legal representation and compensation for your health and wages.
Kern County is home to many correctional facilities. Some are private and some are not. Correctional facility workers are coming down with the Coronavirus in large numbers. There is nothing wrong with obtaining all work system benefits for the suffering and costs associated with Covid-19. Kern County is home to an exceptional number of correctional facilities, detention centers, jails, and prisons. These facilities include the Lerdo Pre-Trial Facility in Bakersfield, the California Correctional Institution in Tehachapi, the Lerdo Maximum-Medium Facility, the Shafter Modified Community Correctional Facility, Taft Modified Community Correctional Facility, Delano Modified Community Correctional Facility, the Kern County Sheriff's Jail, Mesa Verde Community Correctional, California City Correctional Facility, Kern Valley State Prison, Taft Correctional Institution, Kern Crossroads Facility, Central Valley Modified Community Correctional Facility in McFarland, North Kern State Prison, Golden State Modified Community Correctional Facility, Kern County Juvenile Hall, Wasco State Prison, and Modified Community Correctional Facility. The workers of these facilities have rights whether it is the right to the correct personal protective equipment (PPE), and the right to receive compensation if they come down with the Coronavirus due to their work.
Call 661-412-9600 to file for compensation for not being able to work, short term or long term disability payments, and other expenses if you were diagnosed with Covid-19 within 14 days of being on your employer’s premises whether or not you are a correctional worker.
Non-correctional workers may read about their rights here.
In California, the process of obtaining valuable workers compensation benefits if you were diagnosed with the Coronavirus is simple. The requirement are:
1. Between March 19, 2020 and July 5, 2020 the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment in California that was not the employee’s home at the employer's direction. This would include escorting an inmate outside of the correctional facility;
2. A doctor made the diagnosis of COVID-19 and it was confirmed by further testing within 30 days of the date of the diagnosis.
California workers compensation rights are different than other states. While commentators were claiming it would be hard to prove somebody became infected with the Coronavirus at work, the law in California was specifically changed to make it easy for employees to obtain workers compensation benefits if they came down with the Coronavirus. Employers cannot retaliate against employees for seeking workers compensation. Employers who retaliate will be faced with what is called 132a liability which leads to increased benefits.
DON’T BE THE ONLY CORRECTIONAL OFFICER WHO FAILS TO OBTAIN WORKERS COMPENSATION BENEFITS IF YOU BECAME SICK WITH COVID-19 CALL 661-412-9600
Our law firm has represented employees since 1993. We have offices throughout California including: Bakersfield, Los Angeles, Ontario, Oxnard, Riverside, Sherman Oaks, Torrance, and Tustin. We represent employees anywhere in California.