Presented by the Workers' Compensation Department

What's Hot in Workers' Comp -- Special Alert -- Coronavirus & Workers' Compensation Liability

By
Michele R. Punturi

The rapid-fire spread of the coronavirus is beyond worrisome. Employers are extremely concerned about the health and safety of their employees and are actively taking steps to reduce the risk of exposure in the workplace – from providing hand sanitizing stations to imposing work-from-home programs. At the same time, employers are searching for answers, and many are asking if there is workers’ compensation coverage for employees who contract the virus.

The answer is, possibly. In general, infectious diseases are not covered under workers’ compensation. However, there are occupational disease provisions in the workers’ compensation laws of all states, and therefore, potential compensability if a showing can be made that it:

  • Arose out of the course and scope of employment;
  • Was the result of a workplace exposure; and
  • Was due to employment that puts the employee at greater risk of contracting the disease than the general public.

The risk levels for health care and travel/hospitality industries and first responders would naturally be considered higher than the norm, but there are multiple factors to be considered, not the least of which are the workers’ compensation laws that vary from state to state. As for litigation, a claimant’s burden of proving causation would be challenging, but a case could be made, depending on the facts. Therefore, it is essential that a thorough investigation be performed when a coronavirus claim is identified.

For employers seeking clarification on the compensability of coronavirus claims in the states that our Workers’ Compensation Department handles (Delaware, Florida, New Jersey and Pennsylvania), we welcome you to contact one of our attorneys below:

What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.