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COVID-19 and Alabama Workers Compensation Benefits

COVID-19 and Alabama Workers Compensation Benefits

In March we published our first blog on the potential ramifications of coronavirus infections and workers’ compensation claims. Insurance companies are not really sure how to deal with this, although the initial impression seemed to be to deny the claims as showing it is “work related” could be very difficult to prove given how easily transmitted the virus is in the general public.

I wrote how contracting coronavirus would be considered an occupational disease, and tried to explain that for most people, proving that they are due workers’ compensation benefits because they contracted coronavirus would be difficult as to be entitled to workers’ compensation benefits related to the coronavirus or any other occupational disease in Alabama, you must be able to show that the disease (i) is not merely temporary in nature, (ii) was caused (or a preexisting condition was worsened) by you job duties if your job duties exposed you to hazards which are (a) in excess of those ordinarily incident to employment in general and (b) are different in character from those found in general occupations.

The key with a disease such as coronavirus is proving that your job duties placed you in greater peril of sustaining the disease by the nature of your job. Healthcare workers, Grocery Store employees, and First Responders have job duties that force them to be in contact with the general public more than most jobs during the shutdown-and the same is true now that the economy has reopened to an extent.

Proving that your case of COVID-19 is related to your job duties is difficult-especially given Governor Ivey’s executive order which seems to prohibit claims related to the coronavirus (the Courts have not yet determined the validity of the Executive Order), but for jobs such as these-or jobs where numerous co-workers have been infected-a workers’ compensation claim related to being infected with the novel coronavirus pandemic may be possible

If you have been diagnosed with COVID-19 and you have questions about your right to Alabama Workers’ Compensation benefits-don’t hesitate to contact and speak with one of the experienced Alabama+ Workers’ Compensation Lawyers at Powell and Denny today for a free consultation.  Virtual appointments through Zoom are available to better protect you for the pandemic.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 6 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen and towns and cities in between.


COVID-19 and Alabama Workers Compensation Benefits

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