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Important Message Regarding Your COVID-19/GML 207c and Workers’ Compensation Rights‍

On August 24th, 2020, the Union filed a class action grievance against the County for the Departments failure to answer COBA Member's requests for GML 207c for COVID-19 related illnesses. To be clear, any time missed from work during this Pandemic to date, has been designated as Administrative Leave with no charge to Leave Entitlements. But, for those that tested positive for COVID, 207c has to date, not been granted. As such, we URGE you, that if you contracted the COVID-19 Virus in the performance of your duties you must file an application for 207c with the Department. To do so, you need to submit an 85i, an Injury Sustained While on Duty Report, and an Exposure Form along with copies of any Medical records that pertain to your work related COVID-19 Exposure (i.e.: Positive Covid-19 Test results etc.).  These documents need to be submitted to your immediate Supervisor/Tour Commander who will forward these documents to the Medical Investigations Unit along with their cover report.  

Your reports, at a minimum should include:‍

- Who you were in contact with up to 14 days prior to the Positive Test Results that you could have contracted the virus from (i.e.: Staff Member, Inmate, Civilian etc.)

- Where you worked within the NCCC, NUMC, etc. where you were at high risk of contracting the virus.

- When you notified the Department.

- All days that you missed work due to the illness.

- Your return date to work.

- Any other information that would be pertinent to your application for 207c.  

In many cases Workers Compensation has been accepting the date you took the test as the Date of Injury. This is also known as the Positive Test Date.

‍Since the beginning of this pandemic, our Disability/ Workers Compensation Lawyer Sean Riordan and Members of his firm MDASR have been contacting all COBA Members who have tested positive to help them file a Workers’’ Compensation Claim. Filing for these benefits will protect your rights in the event your COVID-19 related illness reoccurs, becomes permanently disabling or, in the unlikely event such illness results in death. ‍

Additionally, the granting of 207c status for the time you were out of work, having tested positive for COVID, allows you the legal benefit of tax exempt income for the period you were out of work. COBA is fighting to have 207c status granted for COVID infections for our Members, but YOU must do your part to protect YOUR RIGHTS by submitting the proper paperwork to make the claim. We cannot file the paperwork for you, the law doesnt work that way.All Members who were out of work, positive for COVID since the beginning of the Pandemic were emailed "fillable forms" to complete this task.

If you have any questions whatsoever regarding this issue DO NOT HESITATE to reach out to the Union for help to ensure your rights are protected.

COBA 4th VP Dennis Maurus is the point person for these issues, but any Union representative can guide you through this process.

Call the Union Office at 516-937-7800

Always in Unity;

Brian Sullivan, COBA President