COVID-19 and Workers’ Compensation: Best Way to File a Claim

February 18, 2021 | Ed Bernstein
COVID-19 and Workers’ Compensation: Best Way to File a Claim Employers, lawyers, and workers are waiting to see how the state of Nevada’s first big Worker’s Compensation claim for COVID-19 makes its way through court. The groundbreaking case is about a man in his 20’s that will need to be on Oxygen for the rest of his life due to complications from catching Coronavirus at his place of work. The young man had just started working in a high-risk environment and was exposed to the virus and hospitalized just three days before his health insurance kicked in. Workers’ Compensation is needed for the young man to be able to pay his six-figure hospital bill and for treatment for the remainder of his life.    So, how should you look after yourself if you are exposed to COVID-19 in the workplace? The first thing you should do is write everything down in order to prove that you were not exposed to the virus outside of the workplace as well. This is an important step to help legitimize your claim. Second, fill out what is called a C1 Form, or Notice of Injury or Occupational Disease.  Do this as soon as possible as you will only have seven days to get the C1 to your employer. This gives the employer time to protect others from exposure as quickly as possible.  If you experience symptoms, fill out a C4 form, an Employee’s Claim for Compensation/Report of Initial Treatment. The C4 form needs to be signed by a doctor and must be filed within 90 days of exposure. It is good to bring the information you have written down about your exposure with you to the doctor. If the doctor is able to confirm that the source of your infection was indeed the workplace, that is where your claim is able to begin.  For workers in healthcare, first responders, and others that work in close proximity to people with COVID-19, this should be easier to prove.   Even if you are not hospitalized due to Coronavirus, if you were infected at work, it is wise to file a claim.  If you are approved for Worker’s Compensation in Nevada, claimants have lifetime reopening rights. This means that if it is established that side effects from COVID are worsening from the opening claim injury, you can dip back into the benefits. However, if you never file a claim then you aren’t entitled to compensation later in life.    Filing a Workers’ Compensation claim is not going to court, it is just an insurance claim.  Don’t feel discouraged about filing a Workers’ Compensation claim, it is simply a program that your employer has been paying premiums into in order to protect you. However if you are denied compensation, don’t be afraid to contact an attorney and get the compensation that you deserve. An experienced attorney like Ed Bernstein can work with you on your claim and get the compensation that is owed to you after damaging your health in the workplace during a pandemic.      Source: If you or a loved one has been hurt or gotten sick in the workplace, don’t settle for less than the compensation that you deserve. At Ed Bernstein and Associates, we take personal injury and illness cases seriously and will be by your side in your time of need. Just call 702-996-3917. Note: These posts are created using publicly available (secondary) sources. The information has not been independently verified. If you see any information that should be corrected, please bring it to our attention, and we will make adjustments.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.