“I have long COVID and I am currently unable to work. I am on a workers’ compensation leave of absence and I am concerned that my employer is going to terminate my position if I do not go back to work soon. Is my job protected while I am receiving workers’ compensation benefits?”
On Oct. 31, 2022, Pandemic Patients joined with COVID Survivors for Change and Long COVID Families to submit a letter of support for California’s proposed Safety Orders.
“I was exposed to COVID-19 at work several months ago. Because I only experienced mild symptoms, I didn’t file a workers’ compensation claim. I have recently started experiencing symptoms of long COVID, including chronic fatigue and cognitive impairment, and I am unable to work. Can I file a workers’ compensation claim?”
On July 29, 2022, the California Occupational Safety and Health Standards Board (Cal/OSHA) proposed to implement new workplace safety standards for large employers operating in the state.
On August 11, 2022, the U.S. Centers for Disease Control & Prevention (CDC) issued new guidance, which includes updated recommendations for how individuals should respond to a potential or confirmed exposure to COVID-19.
“I have long COVID and I recently filed a claim for disability insurance benefits through my workplace disability policy. The insurance company relied on a clinician’s review of my medical records to deny my claim. The clinician is employed by the insurance company, they never examined me in-person, and they do not specialize in a field of medicine relevant to my long COVID symptoms. Can I appeal the insurance company’s decision?”
On August 3, 2022, the Biden Administration announced the release of two reports on long COVID: the first report provided a summary of existing government programs that are available to support long COVID patients and the second report established a framework for future research on long COVID. These reports are the result of an executive order that President Biden issued in April, which required the federal government to undertake an inter-agency effort to address long COVID.
Some employees with long COVID have invoked ERISA’s statutory protections to secure their eligibility for short-term and long-term disability insurance benefits after their plan administrator wrongfully denied them.
For some people, COVID-19 can cause severe illness, which can qualify as a serious health condition under the FMLA. Unfortunately, some employers have not respected the FMLA rights of their employees, which has resulted in several lawsuits being brought on their behalf.
“I have long COVID and I am currently on disability leave. I just found out that my employer has terminated my employment. Is this disability discrimination?”
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