The coronavirus pandemic has swept the nation and although many of us are telecommuting and quarantining, there are still essential employees who face high-risk exposure to COVID-19 every day. Health care professionals and service workers fall under this high-risk category. There are many unanswered questions about coronavirus, but for employees who are still working, one question you’re guaranteed to have is: if you contract coronavirus at work, is it covered by workers’ comp?
Similar to what it is in other aspects of life, the coronavirus is a gray area under current workers’ comp laws and it varies state by state. For the most part, “diseases of life” such as the common cold or seasonal flu are not covered by workers’ comp laws. However, COVID-19 is a specific and identifiable illness caused by the novel coronavirus strain medically known as SARS-CoV-2. In most states, this means COVID-19 could qualify as an “occupational disease”. Again, workers’ comp laws vary state-by-state so it is best to consult your attorney on whether your state’s laws cover occupational diseases.
It is important to note that in order for a coronavirus related workers’ comp claim to be recognized, the employee would have to show that their risk of exposure at work was in fact high-risk and greater than that of the general public. Essentially, the risk of coronavirus exposure at your job must be greater than that of daily living in a non-workspace.
Healthcare workers and first responders can easily prove that their jobs put them at high-risk for contracting coronavirus. However, poor work conditions and unsanitary environments can also cause high-risk of exposure and infection. As long as the employee can prove their job contributed to and caused their contraction of COVID-19, their case can likely be considered for workers’ comp. Jobs that require close proximity or physical contact with people, or that require travel to areas with large outbreaks, will also be a stronger workers’ comp case.
That being said, employers should be vigilant and act with caution to protect their employees from coronavirus and COVID-19. If it is possible, companies should have their employees work remotely from the safety of their homes. If this is not possible, OSHA requires that employers provide their employees with a safe work environment, including equipment and protective gear to reduce the risk of COVID-19 exposure.
According to recent federal level legislation, many employers are required to provide paid time off or paid sick leave to employees for coronavirus related reasons. Federal employees have rights to claim workers’ comp relating to coronavirus according to the Department of Labor. Make sure you are aware of your rights and your risks in your field of employment and your current working conditions.
If you find yourself or a loved one ill with COVID-19 after exposure to coronavirus, contact The Pottenger Law Firm and see how we can help. To stay updated on all coronavirus updates, follow the CDC. Visit this site to stay updated on Missouri’s coronavirus updates relating to work. Visit this site to stay updated on Kansas’ coronavirus updates relating to work.
