Are Work Comp Claims Related To COVID -19 Compensable Under Work Comp Laws?

We are getting asked this question often now- which is certainly understandable.  Here is what one of our main work comp solution carriers told us:

Any claims made for COVID-19 (aka coronavirus) will have to be considered based on their specific circumstances and the jurisdictional statutes and case law for communicable or infectious diseases. In general, COVID-19 is considered as an “ordinary disease of life” since the general public is equally exposed to this illness outside of work (just like the flu or a cold). In most cases, any claim for exposure or illness would likely be denied.

However, in the event that a claim is filed for COVID-19 by an employee who may have a workplace that created an increased risk/hazard for exposure to the disease (such as a healthcare worker who treated a patient who is known to have the COVID-19 virus), this may be considered an occupational disease and may be compensable.

If a healthcare worker has not treated a patient known to have COVID-19, then this would likely revert back to being considered an ordinary disease of life since the source of infection is unknown. Again, all cases will be assessed on a case-by-case basis and compensability will be determined by jurisdictional rule and likely with input from defense counsel based on the circumstances of the case.

https://www.ncci.com/Articles/Pages/Insights-COVID19-WorkersComp.aspx

Please let us know if you have additional questions about staffing work comp in this very challenging time. Always feel free to contact us at david@StaffingCompSolutions.com, or 202-302-1212, or visit us at www.StaffingCompSolutions.com.

Finally please be safe, and we will all get through this pandemic together.

All the best

David Schek
President
StaffingCompSolutions.com