Is Covid-19 Compensable?
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 injury. The employee must prove it is more likely than not they were infected at work, and not elsewhere. COVID-19 is different than many other diseases, because it is more difficult to determine with certainty where an employee contracted COVID-19.
The Commission has not ruled on any COVID-19 cases, so we don’t know how persuasive the evidence must be that infection occurred at work, as opposed to elsewhere.