Worker's Compensation COVID-19 Public Information

The short answer is maybe. Certain workers are eligible to receive worker's compensation benefits as a result of contracting COVID-19, if contracting the virus was work-related and they work for a covered employer. Learn more about who is covered under the worker's compensation law.

Maybe. The employee should ask the insurance carrier or self-insured employer whether they require a diagnosis by a competent practitioner and, if so, whether the practitioner must by a medical doctor or other type of practitioner. The law allows insurance carriers and self-insured employers to require that an employee be diagnosed by a competent practitioner, who usually is a physician who treated or examined the employee after considering positive test results. Some insurance carriers and self-insured employers accept diagnosis by other competent practitioners, such as a physician assistant or an advanced practice nurse prescriber.

A practitioner must provide a medical opinion that an employee contracted COVID-19 and it is a work-related condition to a reasonable degree of medical probability.

Yes, at the time of the injury, the employee must be performing a service growing out of and incidental to his or her employment.

The employee must present evidence to prove that contracting COVID-19 arose out of the employee's employment while performing services growing out of and incidental to that employment. This is the standard test to determine compensability for any disease or illness for worker's compensation purposes.

Evidence must establish COVID-19 is traceable to a definite employment-related cause. Supporting evidence may include information about the employee's specific work dates, times, and locations and a comparison to potential sources of exposure at the workplace. Evidence that COVID-19 was not caused by any other likely source also may be important, particularly in instances where a claim is contested, but is not always necessary. Employees should be encouraged to provide a complete and detailed history related to contracting COVID-19 when appearing for an examination or when discussing the disease with health care providers.

No. Exposure without contracting the disease is not a work-related injury that is compensable under worker's compensation law. Additionally, employees who are isolated or quarantined because of contact with someone with COVID-19, and who have not contracted the disease or have sustained some other injury, also are not eligible for worker's compensation benefits.

The worker's compensation benefits that are payable to an employee who contracts any illness or disease from employment would be payable to an employee who establishes he or she contracted COVID-19 from employment. State law does not limit the compensation or medical expense payable on behalf of an employee who contracts COVID-19 from employment. Here is more information about worker's compensation benefits.

In the event you become ill, it is your responsibility to:

• Immediately tell your supervisor that you are ill immediately
• Obtain any necessary medical attention. This may include first aid, seeing a doctor or going to the emergency room; and
• Maintain all relevant medical and payment records for possible future use.

Complete Instructions on How to File a Worker's Compensation Claim