Workers' compensation and Covid-19: What you should know

According to Kaiser Health News, over 900 health workers in the United States have contracted and died from COVID-19 exposure in the workplace as of August 11, 2020. Workers, including those outside of the healthcare field, are wondering if they can claim workers’ compensation if they are exposed to COVID-19 in the course of their employment. So how do you know if the workers’ compensation policy at you or a loved one’s workplace covers COVID-19? 

First, a bit of background: state workers’ compensation systems were implemented in the 1910s and ‘20s to protect employees and employers by providing insurance coverage for any illness or injury “arising out or and occurring in the course of their employment.”

If a loved one passes away as a result of a work-related eligible injury or illness, a workers’ compensation policy may cover medical bills, wage replacement due to time away from work, funeral and burial expenses, and financial support to the family. Most states have a dedicated workers’ compensation court system where judges make the final decision on claims and benefits awarded. 

During COVID-19 many jobs that may not have been considered hazardous before have quickly become dangerous for employees. In addition to health care workers and first responders, transportation services, warehouse workers and grocery store employees are now at a greater risk of exposure to the virus than the average person. 

States are currently evaluating workers’ compensation policies to address the new circumstances during COVID-19. According to the National Conference of State Legislatures, 14 states have taken action to extend workers’ compensation coverage to include COVID-19 as a work-related illness. You can search to see if your state has extended their policy here.

A number of states, including California, have even identified “presumptions” that relieve the employee from providing proof that they contracted COVID-19 at work. 

The best first step to knowing your rights under workers’ compensation is to understand your employer’s workers’ compensation policy, and to stay up to date on where your state stands with regard to current changes.

If you are looking for additional assistance understanding workers’ compensation, or need legal advice, talk to our concierge service here at Peacefully. The concierge service can help with referrals to trusted professionals, offering case-specific advice, recommendations, and coordination for you. For more about our concierge service or to schedule a free consultation, click here.

— Lesley Hellow