Cutler Law Firm, P.C.

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. 

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