Generally, workers' compensation systems permit employees to make claims for diseases contracted during their employment if there is some nexus between the employee's job duties and the onset or progression of the disease. In light of the difficulty in definitively proving when and where a communicable disease such as COVID-19 is contracted, several states enacted laws to create presumptions in favor of workers' compensation coverage for certain workers diagnosed with COVID-19, particularly for first responders and health care workers. However, presumptions can be nuanced, and each must be examined closely to determine how to investigate and defend claims related to alleged contraction of COVID-19.
In this review, Wilson Elser attorneys present the current statutory framework, recent changes to the law in response to the novel coronavirus pandemic, and anticipated liabilities for employers and workers' compensation insurers in all 50 states and the District of Columbia.
Click here to download.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.