All Questions

May 7, 2020 | Gary Burger

When Is Coronavirus Covered By Workers Compensation?

The coronavirus has rapidly affected people all over the world. The CDC urges people to stay at home and quarantine if they are sick, but many essential employees are required to work during the COVID-19 pandemic. There have been many cases of essential employees contracting coronavirus on the job. This brings about the question, "is coronavirus covered under workers compensation"?

The answer is yes and no, as workers compensation statutes vary from state to state. In some states, coronavirus could fall under eligibility requirements for occupational illness, while in others, coronavirus claims aren't covered under workers compensation.

If you or a loved one has tested positive for coronavirus, Burger Law promises to be by your side every step of the way when fighting for your case. Our attorneys are experienced in recovering compensation for worker's compensation claims and will make sure that you receive the maximum compensation for COVID-19-related damages. If you have questions about suing an employer for coronavirus, or want to know why you should hire a COVID-19 lawyer in St. Louis to represent your case, call 314-542-2222 or 618-272-2222 for a free consultation.

Is Coronavirus an Occupational Disease?

Workers Compensation insurance is designed to cover illness or injury to an employee while performing the specified duties of their job. All businesses come with the risk of employees getting sick, but for an illness to be deemed an occupational illness, it must be proved that the employee contracted the disease as the result of the hazards of their job.

For example, if a nurse or doctor gets sick while treating coronavirus patients, they can file a worker's compensation claim. However, if a grocery store employee contracts coronavirus because of an ill customer, and not due to their job's activities or a hazardous environment, their claim might not be covered under workers compensation2 depending on their state's workers compensation statute.

Can I File a COVID-19 Workers Compensation Claim?

If you tested positive for coronavirus, and can prove that it was caused by an on the job hazard, you have a COVID-19 workers compensation claim.

If you are interested in filing a workers compensation claim, you need proof of employment in an eligible occupation (medical field, first responders, public transportation), proof of the direct work source from which you contracted the virus, and proof of damages that you incurred, such as lost wages or medical bills, while recovering from coronavirus.

Employers and insurance companies will likely attempt to deny most COVID-19 workers compensation claims that don't arise because of high-risk occupations. That being said, you cannot assume that you are ineligible to file a coronavirus worker's compensation claim based on this alone. If you file a claim and are denied workers compensation, but have evidence that you were exposed to an infected person because of your job, you should speak with an experienced workers compensation attorney about your situation.

Contact Our Coronavirus Workers Compensation Lawyers Now

Burger Law is dedicated to representing all types of worker's compensation cases. Whether you are looking to sue an employer after contracting coronavirus at work, or need help suing a negligent nursing home facility for the death of a loved one caused by coronavirus, our firm has recovered robust settlements for countless workers compensation victims and their families.

If you need help filing a coronavirus workers compensation claim, or would like to know more about our St. Louis workers compensation lawyers, call 314-542-2222 or 618-272-2222 for a free case review.