Cutler Law Firm, P.C.

Worker's Compensation Newsletter: Are Work Comp Benefits Owed for Covid-19?

Dear Client: We have had some questions recently from clients relating to the compensability of a COVID-19 infection. We want to provide you with some guidance. While specific cases may vary, we want to give you some general thoughts. Contracting a contagious disease at work does constitute a compensable work...
In other disease cases, the Commissioner has required Claimants to prove that their exposure actually did occur at work. Douglas v. Vermeer Manufacturing (2019 Appeal Decision): The Commissioner determined that airborne particles at work did not cause Claimant’s pulmonary condition. Claimant’s experts stated that it was possible that a workplace...
An employee bears the burden to show they contracted COVID-19 at work. An employee must show it is probable, not just possible that they contracted COVID-19 at work. If an employer has effective policies and procedures to minimize the risk of COVID-19 spread, this might help show that COVID-19 was...
In addition to the things you would normally ask a Claimant, we think it is extremely important to ask the Claimant about the following: The date the symptoms started. Family members or friends with COVID-19, and your contact with them. Family members or friends exposed to COVID-19 and contact with...
© 2020 Cutler Law Firm, P.C. All rights reserved.