The COVID-19 pandemic has impacted every aspect of life, from social relationships that had to be put on hold to children having to learn how to go to school from far away and people losing their jobs, just to name a few. Yet, many workers who were defined as essential had to continue showing up to work even before vaccines or treatments were available, putting their lives at risk of getting this disease and suffering its effects. If this has happened to you, lawyers Hipskind & McAninch recommend you talk to your employer about their workers’ compensation coverage regarding getting COVID-19 on the job.
What has happened to workers’ comp since the onset of the pandemic?
It has been a challenge trying to define what role workers’ comp must play during the pandemic, what role it must perform in helping workers who have contracted the disease, and how coverage would work depending on the size and structure of the business. As with many other situations, when it comes to COVID-19 coverage, each state has decided to apply varying coverage requirements.
In general, though, workers’ compensation provides benefits to both employees and employers, providing them with timely and predictable payments. It provides medical treatments free for the employee and wage replacement benefits for lost wages. If a worker passes away due to a qualifying condition, their family might be eligible to receive financial death benefits. These items are decided through the dedicated workers’ comp court system, which makes the final determination regarding all claims and benefits awarded.
Is COVID-19 covered by workers’ compensation?
This is a complicated matter since workers’ comp generally does not cover illnesses that routinely spread through the community. Examples of this are the common cold and the flu, both of which cannot be linked directly to the workplace. When more severe and life-threatening diseases, like cancer, appear, it is argued that the illness could have come about as a result of exposure to some harmful environments or materials.
However, the COVID-19 pandemic has presented very unusual circumstances by making jobs that previously were never considered dangerous, such as those related to a grocery store, mass transportation, or healthcare, suddenly become extremely dangerous for workers in those industries. And yet, this increase in dangerous conditions did not immediately result in a change to these workers’ compensation guidelines.
How have states reacted to the COVID-19 pandemic and workers’ comp?
States have started taking action by extending workers’ comp coverage to both health care workers and first responders who have suffered from COVID-19. Their approach has generally been to amend their state policies for COVID-19 infections to be work-related, thus being covered by workers’ compensation. It is now up to the employer and insurer to prove that this infection was not work-related. But some employers have complained that this will only result in increases in insurance costs, precisely during a time when many businesses are struggling to stay afloat after facing the obstacles imposed by the pandemic.
Twenty-eight states have decided to extend workers’ comp coverage to include COVID-19 by defining it as a work-related illness. Some states limit coverage to healthcare workers and first responders, while others extend coverage to all essential workers. A few states have decided to extend coverage to every worker, regardless of their occupation.
However, some states extended coverage only during times considered a state of emergency and have since then allowed the new extended coverage to expire.
Will you be eligible to receive coverage for COVID-19 if you believe you got sick on the job?
If you believe you got COVID-19 because you were exposed to the virus while on the job, you will likely have a tough time getting benefits if you are not a first responder or work in the healthcare field. In general, you should know that your case will depend on the type of job you perform, the circumstances during which you believe you were exposed to the virus, and the specific rules of the state where you live.
There are some states in which you might be able to qualify to receive coverage, even if your job is not particularly risky if you can prove that you were exposed to the coronavirus while at work. In other states, the law may not allow you to receive workers’ comp benefits even if you believe you got sick while on the job.
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