a gloved hand putting up a temporarily closed sign on a business door

If You Get COVID-19 And Are Laid Off During The Pandemic

By Krivitzky, Springer & Feldman | Comments are off for this post | Aug 25, 2020

Due to the COVID-19 pandemic, many employers in New Jersey have laid off hundreds of employees. Although business owners face unprecedented challenges, they should still approach layoffs with care to avoid breaking employment and workers’ compensation laws. Although some COVID layoffs are unavoidable, the workers’ comp attorneys at Krivitzky, Springer & Feldman are keeping a close eye on federal and state legislation to protect workers who face potential termination. Because the legislation is evolving during these trying times, it’s important to pay attention to these changes so your rights are protected if you’re laid off in the future.

How A Workers’ Comp Lawyer Can Help

If you contract COVID-19 at work, your employer is required by law to pay for your medical bills, a portion of lost wages, and other benefits. Workers’ comp cases involving COVID-19 infection are complex. You must prove that you were exposed to COVID-19 in the workplace or in the scope of your employment, which is challenging to do on your own. A workers’ comp attorney understands the type of evidence required to prove that you contracted the virus at work and can assist you in proving your case.

If you are currently receiving workers’ comp benefits, being laid off should not affect your right to continue receiving these benefits while you are ill or being treated for COVID-related conditions. The long-term effects of COVID-19 are still unknown. Depending on the circumstances, you may be eligible for permanent disability benefits, regardless of whether you’re laid off.

If you believe you contracted the virus due to employer negligence such as improper disinfection, lack of social distancing, or failure to provide proper PPE, you may be entitled to bring a third-party liability lawsuit against your employer. Workers’ comp attorneys and personal injury lawyers often work together to determine which laws and rules apply in these types of cases.

The Paycheck Protection Program& WARN Act

If you caught the virus and were then laid off, your employer may be violating the law, regardless of where you caught the virus. The Paycheck Protection Program (PPP) was specifically implemented to help businesses keep their workforce employed during this crisis. Companies who received PPP loans but laid off or furloughed employees without pay may face dire consequences. Employers should know the ins and outs of the PPP and how it affects their business and employees.

The NJ WARN Actmay also address issues involving layoffs during the COVID-19 pandemic. Taking all of the relevant factors and circumstances into account during these uncertain times is critical to help you get the benefits you need and deserve to safeguard your health and finances. An experienced attorneycan help you make sense of it all and ensure your rights and interests are protected.

Contact A New Jersey Workers’ Comp Attorney

If you or a loved one has COVID-19 and was laid off, our workers’ comp lawyers at Krivitzky, Springer & Feldman can assess your case and advise you on the most effective course of action to take to protect your rights.

Contact us online or call us at 201-798-2711 in Jersey City or 973-874-0556 in Newfoundland to schedule a consultation or ask questions. We serve clients in Jefferson, Newfoundland, Vernon, Kinnelon, and throughout New Jersey. Se hablaEspañol.

Krivitzky, Springer & Feldman