COVID-19 FAQ: Workers’ Compensation

 

This general guidance is based on U.S. federal employment law and the current medical assessment of COVID-19. State and local laws may apply, and medical assessments may change, resulting in different conclusions.

Workers’ Compensation

[od_accordion title=”Question 1. Could COVID-19 be covered by workers’ compensation?”]
Answer 1. Workers’ compensation claims and procedures are based on state laws, which vary from state to state. Therefore, employers may want to consult with workers’ compensation counsel on this question. Generally, however, state workers’ compensation laws require an employee to prove that he or she contracted the illness in the course and scope of employment and that the illness is caused by a hazard recognized as peculiar to a particular employment. Some states specifically exclude from coverage contagious diseases resulting from exposure to fellow employees or from a hazard to which the ill employee would have been equally exposed outside of his or her employment.[/od_accordion]

 

For more answers to your frequently asked questions, please select a topic below:

• ADA
• Attendance
• Compensation and Tax Issues
• Confidentiality
• Disability Related Inquiries and Medical Examinations
• Employees with Symptoms or Exposure
• Families First Coronavirus Response Act (FFCRA)
• FMLA
• Health coverage
• Hiring During the COVID-19 Pandemic
• NLRA
• Reduction in Force/WARN
• Retirement Plan Issues
• Short-term disability coverage
• Tax Credits Under FFCRA and the CARES Act
• Vacation, Paid Time Off, and Paid Sick Leave
• Wage and Hour
• Workers’ Compensation
• Workplace Safety