Why I Fight For COVID-19 Workers’ Comp Protections
Colorado law puts the “burden of proof” on a sick or injured worker. For a COVID-19 case, that means that before obtaining benefits, the worker (or their family members) must establish that they contracted the disease at work, and not elsewhere. If they cannot do that, then they are not eligible for workers’ compensation benefits.
Period.
It can be difficult to meet the burden of proof, especially during a global pandemic. As widespread as the coronavirus was (and still is), it can be difficult to definitively determine where an individual contracted it.
My firm represents many workers who believe that they contracted COVID-19 on the job. Unfortunately, their claims have all been denied. That even includes those who became ill or even passed away after contracting the disease at the JBS Greeley plant that we have all heard so much about.
According to the Colorado Division of Workers’ Compensation (DOWC), nearly two-thirds of COVID-19 claims were initially denied.
That is double the average number of denials for other types of work-related injuries.
Workers’ compensation claims relating to COVID-19 are still controversial in nature. The controversy stems from providing proof of exposure.
During the early stages of the pandemic, it was much easier to prove where you contracted COVID-19, especially for first responders and caregivers. However, once community spread took hold, it became harder to prove that an individual was infected on the job (rather than at a grocery store, gas station, park, etc.).
I worked with other Colorado lawmakers to protect workers by changing the burden of proof from employee to employer. Under our proposed law, there would be a presumption that essential workers who contracted COVID-19 did so on the job. To overcome that presumption, an employer would have had to present “clear and convincing evidence” that their employee was infected somewhere other than work.
Unfortunately, the bill failed to pass.
Opponents of the bill primarily cited cost as the main argument against the measure. As I told the Denver Post, I believe these costs were greatly exaggerated.
Nevertheless, presumption laws still have support from much of the workers’ compensation legal community, including me.
Rest assured that I will continue to fight to ensure that all Colorado workers are protected from illnesses (like COVID-19) that they are exposed to while performing their job.
If you or a loved one were infected with COVID-19 in the course of your employment and need assistance filing a workers’ compensation claim, contact The Babcock Law Firm today for your free consultation.
About Mack Babcock
Colorado injury attorney Mack Babcock has spent the majority of his professional career committed to fighting for the rights of injured workers in Denver, Littleton, Aurora and throughout the state. As the founder of The Babcock Law Firm, Mack uses his extensive legal experience, insight and professional relationships to help Colorado workers obtain all of the legal compensation afforded to them under workers’ compensation laws.