COVID-19/Coronavirus, Employment Law

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

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.

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

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