COVID-19 has changed the landscape of personal injury claims. With so many people contracting this virus, ensuring your safety while doing regular things like shopping for food or going to the gas station may put you in harm’s way. If you are required to go to work, you may be wondering if you can file a personal injury claim against your employer. In most cases, no. Here’s why:
It is very hard to file and win a personal injury claim against an employer, even before COVID-19 became an issue. This difficulty plays a significant role in proving whether your employer intentionally sought to inflict harm or had a deliberate intent to give you the virus. There are instances where an employer may be liable, such as not adding safety protocols. This may be a deliberate representation of negligence of safety, which could be a basis for a claim. Another example of this would be giving out misinformation or forcing employees to work in close quarters which could spread infections. Although this sounds like the employer is deliberately putting the employee in harm’s way, it does not guarantee the likelihood of a claim.
If you are in an accident or experience some other type of injury where you are exposed to COVID and end up contracting the virus, that does not mean you are eligible to pursue a claim. Getting advice from a personal injury attorney can point you in the right direction.
Strengthen Your Claim
It is important to seek medical attention as soon as possible once you are experiencing symptoms after being exposed to certain hazards in the workplace. This will help strengthen your personal injury claim. The longer you wait to seek treatment, the easier it will be for your employer to challenge your claim. Even if you do not go to an emergency room or medical facility, initially seeking help through Telemedicine will establish your symptoms and recommendations from a medical professional.
If you are being treated for COVID, it is important to go through the entire treatment plan and significantly improve or recover completely as you go through any claims or litigation. If you are seeking a claim against an employer, chances are they will want to settle for any injuries and remove themselves from liability. A personal injury attorney can advise on the best course of action.
Depending on the type of personal injury claim you are seeking, it is important to consider not only whether your claim has merit but will be able to be paid. If you are in an accident where you also contract COVID, getting the insurance company to address this may be difficult without the help of a personal injury attorney. Additionally, businesses are having their own challenges, which may make it difficult for a personal injury claim to be paid as a result of financial hardship. This could prevent you from receiving the compensation you are seeking for your injuries. A personal injury attorney can gather evidence and present the best possible scenarios that will work to your benefit.
Getting the Right Help
Staying safe should be a high priority, but getting the right treatment to support your claim is key. For more information on how we can assist with your personal injury claim as it relates to COVID in South Carolina, contact the team at Ryan Montgomery Law today.