My employee alleges that they contracted the coronavirus while at work. Will this result in a workers’ compensation claim?
It depends. The test for determining whether an injury arises out of and in the course of employment is whether the employee was involved in some activity where they were benefiting the employer. If the employee is a health care worker or first responder and was exposed to COVID-19, the answer is likely yes. For other categories of employees not in the medical field, a compensable workers’ compensation claim is possible. The analysis of compensability is fact specific.
To learn more, contact Greg Tumolo –chair of the employment law team at Duffy& Sweeney — via email here or via phone at 401.457.1846.
Or visit Duffy & Sweeney’s COVID-19 Resource Center here.