Recently, Mooney Law was able to obtain a six-figure settlement for an injured worker who contracted COVID-19 while working. Our client was a frontline health care worker.
COVID-19 is in its second full year. Many people have contracted the virus and were either asymptomatic or suffered from mild symptoms, such as cold and flu type symptoms. Others have tragically died from the virus. There are some though that contracted the virus and suffered months and months later from ongoing Long Haul COVID.
Long haul COVID can impact individuals in varying ways and to varying degrees, including multiple organs and body parts. Neurologically, long haul COVID patients can suffer from ‘brain fog’ or cognitive impairment, including short term memory impairment, mood changes, anxiety, depression, and headaches.
Physiologically, long haul patients can suffer from ongoing shortness of breath that can require ongoing oxygen treatment. Some patients need a cardiac workup due to chest pain and other cardiac symptomology. Other symptoms can include chronic fatigue, rashes, joint pain, and other varying symptoms.
In our specific case, our client suffered from multiple long haul COVID symptoms more than seven months after initially contracting COVID-19. The employer and its insurance carrier accepted the COVID-19 work injury, but only as a Medical Only acceptance. In other words, they refused to pay our client wage loss benefits, despite being out of work by various treating doctors. The claim was accepted for lung only type symptoms. However, our client had other ongoing difficulties, such as migraines, joint pain, and some cognitive dysfunction. In reality, the lung symptoms were actually quite improved.
We filed a Claim Petition for wage loss benefits. These types of cases would rely heavily on medical testimony and the linking of the contraction of COVID to work activities. Our client was working directly with COVID-19 patients in a health care facility.
Healthcare workers face significant dangers in contracting COVID-19. Special protections exist for front line workers exposed to COVID-19. This special protection would require the employer to prove that the injured worker contracted the virus elsewhere. That is a heavy burden of proof. Rightfully so. Our health care workers have put their lives at risk for nearly two years.
In our case, the claimant testified to not just ongoing long haul symptoms, but also to the testing protocols of her employer. Prior to moving into medical testimony, we were able to amicably resolve the claim that resulted in a six-figure settlement for our client.
If you have been injured at work, Mooney Law can help. We have recovered tens of millions of dollars in workers’ compensation benefits for injured workers throughout Pennsylvania. We will litigate claims to decision and we will settle claims for our clients when it is in their best interest. All you need to do is call us today for an absolutely FREE consultation. Call us today at 717-200-HELP or 717-632-4656. You can also email us at info@mooney4law.com. You can also visit Mooney Law on the web.
