FAQs About Workers’ Compensation and COVID-19
If you believe that you have come down with COVID-19 as a direct result of your work requirements, you need to understand your right to file a workers’ compensation claim on that basis, as well as the potential obstacles you may encounter. Here are some answers to frequently asked questions on this subject.
How Does the Definition of Workers’ Compensation Apply to COVID-19?
The broad definition of workers’ compensation involves limited insurance coverage that compensates workers for workplace-related injuries and illnesses. In return for this coverage, employees forfeit their right to sue their employers over medical expenses and lost wages.
Under this broad definition, you might assume that if you get COVID-19 as a result of your work activities, you have the right to apply for and receive workers’ compensation to cover your medical and income losses. With an easily spread virus such as COVID-19, however, you may have trouble linking your illness to your workplace.
Ordinarily, common viruses such as flu don’t qualify for workers’ compensation since they don’t fall under the category of occupational injuries or diseases. In the case of COVID-19, however, the virulence of the disease combined with a business’s on-site work requirements may make a COVID-19 infection compensable.
Which Jobs Pose an Elevated Risk of COVID-19 Exposure?
Employees who can work from home can escape the risks associated with virus transmission in the workplace. If you have switched to a telecommuting setup and you come down with COVID-19, you would not have grounds for filing a workers’ compensation claim.
However, employees who work on-site face a definite exposure risk. And first responders, such as health care workers and emergency services providers, face an elevated risk of exposure to COVID-19. While this risk does not automatically guarantee that these employees will receive workers’ compensation, it reinforces the strength of their claims.
How Have States Responded to the Issue of Workers’ Compensation and COVID-19?
Several states have passed legislation that includes COVID-19 among the list of illnesses and injuries compensable under workers’ compensation, including Minnesota. Minnesota’s new law on this matter, HF 4537, defines COVID-19 as an occupational disease for specific jobs and professions.
Eligible employees include firefighters, peace officers, and emergency medical personnel. The law also extends to health care employees at senior care centers, correctional facilities, secure treatment facilities, and those who provide childcare for these workers.
Employees in other trades or professions also have the right to file a workers’ compensation claim on occupational disease grounds. However, they may have more difficulty proving their claim persuasively enough to receive the compensation they seek.
How Do Employees Claim Workers’ Compensation Due to COVID-19 Exposure?
If you seek workers’ compensation related to COVID-19, you must obtain a positive diagnosis, either from a lab test or from a qualified medical professional. You must then present official documentation of these results to your employer or your employer’s insurer.
To ensure that you receive maximum benefits, you and your attorney should file your workers’ compensation claim within 14 days of diagnosis. If you delay your filing more than 180 days, you may lose your eligibility for any compensation.
What Happens if the Insurer Denies the Claim?
Insurers may deny workers’ compensation claims for COVID-19 if they find insufficient connection between the infection and the work conditions or environment. However, they may only deny the claims of first responders and care providers listed in HF 4537 if they can show that their work did not directly lead to infection.
If your insurer denies your claim, your attorney may need to resolve the matter with the insurance claims adjuster, appeal to the Department of Labor and Industry, or request a legal hearing. Contact Walz Law Office for a free consultation.