Navigating Workers' Comp During the COVID-19 Pandemic: Challenges and Solutions

Essential Workers and COVID-19 Coverage

Essential workers, often hailed as heroes, face an uncertain future when it comes to workers' compensation for COVID-19 infections contracted on the job. According to the Associated Press, in most states, there is no guarantee that these workers will qualify for coverage to cover lost wages and medical care. Fewer than one-third of states have enacted policies that shift the burden of proof for coverage of job-related COVID-19, meaning that first responders and nurses do not have to prove they got sick by reporting for a risky assignment.

Economic Reopening and Workers' Comp Protection

As the economy reopens, the protection for most employees is even less than that for essential workers. In nearly all states, employees have to prove they got the virus on the job to qualify for workers' comp. This is a significant challenge given the nature of the virus and the difficulty in tracing its exact origin. Workers' comp is not health insurance or an unemployment benefit; it is a system where workers give up the right to sue their employers for job-related harms in exchange for coverage, supported by employer premiums.

Challenges and Recommendations

Dealing with job-related injuries is fairly straightforward, but diseases have always been trickier for workers' comp, and COVID-19 seems to be in a class of its own. Bill Smith, president of the Workers' Injury Law & Advocacy Group, notes that "You don't know per se where you inhaled that breath whereby you became infected." To navigate these challenges, it is crucial for workers to understand their rights and for employers to ensure they are providing the necessary support and coverage. Staying informed about state-specific policies and consulting with legal experts can provide clarity and protection during these uncertain times.