Many people with COVID-19 make full recoveries within just a few weeks. However, others suffer what has been termed “long-haul” or “long” COVID. This means an individual experiences new or recurring symptoms for months after being diagnosed with COVID-19. Long COVID victims can suffer impacts on their physical health, mental well-being, and ability to earn a living.
At Bailey & Glasser, LLP, our attorneys help individuals with long COVID seek long-term disability (LTD) benefits from all available outlets. Both state and federal laws protect individuals who can no longer perform the responsibilities of their jobs due to long-term illnesses. If you have been dealing with the effects of COVID-19 for an extended period of time and it is interfering with your ability to work, contact us to discuss how our attorneys can help.
Why Choose Us?
- We have some of the top attorneys in the country for representing clients in long-term disability matters connected to the impact and threats of COVID-19. We can help clients with long-haul COVID navigate the LTD policy process.
- Our COVID-19 LTD team leader, Attorney Mark Boyko, is a pioneer in ERISA (Employee Retirement Income Security Act) class action litigation and has represented workers in many of the earliest cases in his field.
- Your attorney will treat you like his or her only client throughout your case. We dedicate individual time and attention to each case that we accept. You will never be left in the dark about the status of your long COVID LTD case.
According to the World Health Organization, COVID-19 (also known as coronavirus disease) is an infectious disease caused by the SARS-CoV-2 virus. It can cause symptoms such as a fever, chills, cough, sore throat, congestion, runny nose, headache, muscle or body aches, fatigue, shortness of breath, or new loss of taste or smell.
Most people who are diagnosed with COVID-19 only experience mild to moderate symptoms and do not require emergency treatment. Immunocompromised persons, however, such as the elderly and people with underlying medical conditions, can develop serious illnesses. Another potential risk is long-haul COVID-19.
What Is Long-Haul or Long COVID?
Long COVID, also referred to as Post-COVID Conditions, is defined by the Department of Health and Human Services as lingering symptoms or failure to fully recover from an infection with the SARS-CoV-2 virus. It means that a previously healthy individual experiences COVID-19 symptoms for longer than the average amount of time (approximately four weeks). It can also refer to an individual who develops new or recurring symptoms later. According to preliminary evidence, an estimated 10 to 35 million working-age adults may have long COVID.
Long COVID can involve a variety of long-term health problems that may last weeks, months or years, including:
- Chronic fatigue
- Post-exertional malaise, or symptoms that worsen after physical or mental exertion
- Respiratory symptoms, such as difficulty breathing
- Heart palpitations or pounding heart
- Chest pain
- Chronic cough
- Diarrhea or stomach pains
- Joint or muscle pain
- Trouble thinking or concentrating
- Lightheadedness upon standing
- The feeling of pins and needles
- Changes in or loss of smell or taste
- Trouble sleeping
- Persistent headache
- Depression or anxiety
For some, long COVID has caused severe long-term disabilities, including damage to the lungs, heart, kidneys, and other organs. Neurological damage and lingering mental health conditions have also been noted. Individuals who are most at risk of long COVID according to the Centers for Disease Control and Prevention include those who suffered severe symptoms from the virus, experienced reinfection, or were not vaccinated against COVID-19. However, anyone could suffer from this issue.
Financial Compensation for COVID-Related Long-Term Disability
If you are suffering from long COVID and your symptoms have impacted your ability to work or earn a living wage, you may be eligible for financial benefits. In July 2021, long COVID was added to the list of conditions that constitute a disability under Titles II and III of the Americans with Disabilities Act (ADA). This federal law prohibits discrimination against people with disabilities. If long COVID substantially limits one or more major life activities, it is an “actual disability” under the ADA that could entitle a patient to long-term disability benefits.
The Employee Retirement Income Security Act of 1974 (ERISA) is another federal law that provides protections for people who are eligible for long-term disability benefits. To seek compensation for long COVID LTD, ask your employer for details about the company’s LTD benefits plan and coverage. Then, file an LTD claim based on the terms of your employer’s plan. Your employer should provide a Summary Plan Description that covers where to file, what to file, and whom to contact for assistance. Note that your employer cannot fire you or retaliate against you for filing a disability claim for long COVID.
What if Your Claim Gets Denied?
Your employer’s insurance company has a limited amount of time in which to decide whether to accept or reject your LTD claim. If you find out that your claim has been denied, the insurance company must provide a written explanation for the denial. You will then be given at least 180 days to file an appeal. If you do not file an appeal by your deadline, you will lose the right to appeal the decision. You should use the information given in your claim denial notice to prepare your appeal. Disability benefit appeals must be reviewed by the insurer no later than 45 days after receiving your request.
Contact Bailey & Glasser, LLP for a Free Case Consultation
Finding out that you have COVID is distressing enough. Realizing that your symptoms have not dissipated after four weeks can cause great emotional distress and the physical effects you suffer from COVID-19. At Bailey & Glasser, LLP, we help workers who have lost wages or are dealing with the ongoing inability to work because of long COVID. We also provide assistance for Defective Firearms Lawsuits, 3M Ear Plug Lawsuits, and Camp Lejeune Water Contamination Lawsuits. We can assist you with a long-term disability claim under both federal and state legal protections. We can help you with an appeal if your claim has been denied.
You have rights as a worker who cannot work due to debilitating symptoms of long COVID, long-term disabilities caused by COVID-19, or the potential of workplace COVID exposure as an immunocompromised individual. We can protect your rights with proven legal strategies as we assist you with the long-term disability process. Contact us to begin with a free case consultation. Call (877) 852-0342 or send us a message online and we will get back to you as soon as possible.