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Asked on May 17, 2020 ,  4 answers Visitors: 109
Can your job put you out on workman’s comp due to a COVID exposure and then put you on FMLA with even telling you or you being?

4 Answers

Anonymous
Reply

Posted on / May 20, 2020 20:52:27

If it is your opinion, or the doctor's opinion, that your ankle issues arose from Covid exposure, then you won't get worker's compensation assistance. Here is why. Georgia workers' compensation law treat traumatic injuries (ie fall off a ladder) differently than Occupational Diseases. Short answer, for a disease to be compensable (for you to get benefits) you could not have had substantial exposure to the disease anywhere other than work. Covid is so widespread anyone can catch it anywhere. However, you question mentions arterial blood clot. Its not clear to me what the actual diagnosis was versus speculation about cause. If the cause was Covid or some other widely spread disease, no workers' comp. If you and your doctor can locate another cause, like standing on your feet too long, traumatic bump of your ankle on your ambulance while at work, then your case would be more straightforward. Keep in mind, workers' compensation benefits are routinely suspended even when there isn't a good reason. If Covid was the cause, putting you on FMLA may be a good thing. And, as others have written, always a good idea to talk to a lawyer who can gather more details to be sure you are receiving the most accurate information since your facts are a little unclear. Thanks and good luck!

Anonymous
Reply

Posted on / May 20, 2020 18:56:02

Dear Paramedic: As one of the other lawyers stated, you need to contact an attorney for a free consult. Your matter seems very complicated. Did you sustain a clear injury to your ankle? If so, when. Why was the doctor performing surgery on your ankle. How is the surgery related to the Covid virus? I see no way the two are related but what is the doctor stating in his medical report? His answer will have great weight toward answering the causation question. If you have received any WC benefits, you are entitled to an independent medical examination. Have you asked for or demanded such an examination? Lots of questions and certainly more than a paragraph or two on AVVO can answer.

Anonymous
Reply

Posted on / May 20, 2020 17:28:55

Your factual, legal, and medical situation is extremely complex. We would need to discuss, in detail, the history of your ankle, the circumstances regarding your exposure, and the medical that has developed regarding your injuries and conditions over the last 1.5 months. It's a little too complex for AVVO, however. Reach out to an attorney to discuss. I can tell you now that your medical knowledge and experience as a paramedic may makes understanding how the workers' compensation system works more confusing because it's not based upon rational, logical analysis. There are many aspects of it, especially on the medical causation side (legally, procedurally, and practically), that'll be hard to understand, so you truly do need to pick up the phone and chat with an experienced workers compensation attorney to discuss more of the relevant facts and your options.

Anonymous
Reply

Posted on / May 20, 2020 16:57:11

You said it best yourself: “I need some help with this matter.” You sure do. So pick up the phone and call a lawyer for a free consultation. Your situation is too complex to be able to answer your questions and give you advice through Avvo. Pick up the phone and call. Or sit on your ass and get screwed. The choice is yours. Choose wisely.

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