Out of an over-abundance of caution during this pandemic, the government and many health care facilities across Chicago have halted many elective surgical procedures. Presumably, this was done to help prevent hospitals from being over-stressed with too many patients and not enough resources. Nationally, one in five doctors have had their pay cut since the novel Coronavirus crisis began.(Source via Business Insider) Some have even been laid off. The first hit to the health care industry was for elective and outpatient surgeries, which is not only hurting the orthopedic, pain management, and gastroenterology fields, but other fields like oncology and vascular surgery are seeing procedures pushed back. The next group of doctors that have been hit hard due to the pandemic is internal medicine. With so many fewer patients afraid to go to a doctor’s office, the only way internal medicine doctors have been able to survive is to use different forms of telemedicine, especially to follow up and monitor patients who have Covid-19 symptoms. (read more on CNBC) The next wave of people to be harmed by the slowdown is the medical staff. Without elective procedures, nurses, CNA’s, medical assistants, physician assistants, and various other health care workers are experiencing the same problems. It is obvious to most people that these health care cut-backs are going to cause another major hit to the national economy. (read more at The Washington Post)
Like many frontline workers in Illinois, most doctors simply ask for the basic personal protective equipment so that they can safety do their job. It is no wonder that they also ask that their staff members get the same. In reality, local hospitals have fallen short, which has gotten numerous doctors, nurses, and staff members sick with Covid-19. Health care workers contracting this disease due to their job duties have the right to file a workers’ compensation claim in Chicago as well as any other part of Illinois. It is clear that Chicago has been the hardest hit city in the state when it comes to Covid-19. This means that as patients fill hospital and nursing home beds, the number of sick health care workers also increases. The first important thing that must be remembered in any workers’ compensation case involving a health care worker is that we do not have to prove that the employer was at fault. Illinois has a no fault workers compensation system. This makes it easier for an employee to recover. The second important thing that must be remembered in any case involving a sick or injured health care worker is that Illinois has a rebuttable presumption for any Covid-19 case for an essential worker. This means that a health care worker who contracts Covid-19 is presumed to have fallen ill on the job. (source via Chicago Tribune) While an employer can still fight a claim like they usually do when they get in touch with their insurance carrier, having an evidentiary presumption gives health care workers an advantage in recovering benefits like lost and future wages, medical bills, and an award or settlement that is proportionate to a person’s average weekly wage. What’s more, a family of a deceased worker can recover benefits.
Undoubtedly, the insurance industry is fearful that doctors and nurses will exercise their rights and file claims since there will be permanent impairment to lung, kidney, liver, and cardiac function with mild cases just like there were with the original SARS outbreak in 2003-2004. The reason that the insurance industry is so concerned about this legal development has to do with the possibility that doctors and nurses will cost the insurance industry billions by filing claims since their wage loss is so significant. However, given that insurance companies will deceive, dupe, and trick injured individuals into taking low settlements or making a person believe that they have no claim, it is expected that the health care industry will make a record number of workers compensation claims in 2020. As we have for over 60 years, Katz Friedman is investigating injuries caused on the job and will fight to help obtain full, fair, and proper compensation for those workers as it is their right under the laws of our state. You may call us at anytime at our toll free number, 1-800-444-1525 or simply click on “Contact” above. We answer our telephone 24 hours a day. When making decisions regarding a injuries and death from Covid-related injuries, it is wise to consult an attorney to protect your interests because it is clear that the employer already has their lawyers working on this issue to defeat your claim.