Can I Get Workers' Comp for Coronavirus?

As the coronavirus (COVID-19) spreads across the country, states are imposing ‘stay at home’ orders that have drastically changed America’s employment landscape overnight. Many employees have begun working from home, been provided paid leave, or even laid off. But, many others, such as; healthcare workers, grocery store employees, first responders, delivery drivers, and cleaning crews, continue to report to work.

So, if you contract the coronavirus at work, is it covered by workers’ compensation?

The answer depends on the type of job you have and how you contracted the virus.

The Fine Print

Workers’ compensation insurance covers injuries, illnesses or diseases which “arise out of employment “ AND “in the course of employment.” Although a person may become ill while at work, thus, “in the course of employment”  the injury must also “arise out of employment.” While being exposed to another person who has a contagious disease is part of everyday life, some jobs expose workers to risks which may not be encountered by the general public. Such persons who contract the coronavirus, will likely have a more viable claim than persons who do not.

Some examples of occupations whose work is may be directly related to coronavirus include:

• Testing lab employees

• In-home care providers

• First responders

• Healthcare workers

Workers’ compensation would likely cover these types of workers who contract the virus. Other claims that meet certain criteria for exposure may be considered on a case-by-case basis. During a “shelter-in-place” order, a person need not be deemed an ‘essential worker’ to pursue a workers comp claim for COVID-19. If you are still reporting to work, you are still eligible for workers compensation.

Widespread Outbreak Makes Filing More Difficult

The widespread outbreak of coronavirus makes filing a workers’ compensation claim difficult for any profession. It is feared that millions of Americans are currently walking around without knowing they are carrying the coronavirus. This makes it very difficult to prove that the virus was contracted in the workplace or due to the claimant’s line of work.

Even in the previously listed occupations, organizations will be keeping meticulous protocols and records to minimize risk and identify potential exposure. Many coronavirus workers’ comp claims will likely be challenged due to the virus’ highly contagious nature. However, under California workers compensation law, a claim does not need to be proven to a medical or scientific certainty, but only show that more likely than not, the factors of employment either caused or contributed to the injury, disease, or illness.

I Still Want to File A Coronavirus Claim

Regardless of the name of the disease or illness, if one believes their illness was caused or in some way made worse by their work, they may file a workers compensation claim form by reporting the perceived injury to their employer. They will be entitled to a medical evaluation to make a determination.

Consider Also Filing for State Disability Benefits

As of March 16, 2020, California has indicated it will allow workers impacted by the coronavirus to use their disability benefits for the disease. 

Governor Gavin Newsom recently tweeted, “If a medical professional says you’re unable to work, if your hours have been reduced, or your employer has shut down — you can file a claim.”

If you can’t work simply because you were laid off, that’s not a workers compensation matter.  You can file for Unemployment Insurance(UI). However, if you are experiencing an illness or suspected illness and your doctor says you need to stay home, most Californian can apply for California State Disability Insurance Benefits (SDI).

Applying for State Disability Insurance DOES NOT mean you can’t apply for worker’s compensation. In fact, if you believe your condition is work related it is very important that you state so when filing your SDI claim. One advantage of filing the SDI claim is that you do not have to show what caused your disability, only that you are disabled.

Consult a Certified Workers’ Compensation Specialist

If you have contracted the coronavirus, and you believe it is caused by your employment, don’t assume a workers’ compensation claim is off the table. Your case may indeed fit the requirements, or a new legal development could make your claim valid. Contact a certified workers’ compensation specialist to discuss your options during this unique time.

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….Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.