Is An Employer Responsible If Employees Get COVID at Work?

Of all the questions I’ve gotten during COVID, this is the one I’ve heard the most. “Is an employer responsible if employees get COVID at work?” That’s a question with a complicated answer. People are getting sent back to work and school, but we can all see from the news that COVID cases are on the rise.

Workplaces have a big responsibility right now. Most companies and governmental agencies want to re-open for economic and practical reasons. Companies can’t survive without revenue and agencies can’t adequately function for the public with reduced hours and services. We all want to get back to normal, but that comes with some heavy risks.

So where does that leave liability for the health of employees? The good news for New Yorkers is that employers are required to carry worker’s compensation insurance for employees that get sick due to their work. But there’s a catch. Before you can receive benefits, the insurance carrier has to review the case and determine if the worker qualifies for compensation. That’s rarely a simple process.

Will Worker’s Comp Cover COVID at Work?

One of the most important things that will happen if you get COVID after you’ve gone back to work is a review of your case. The insurance carrier will especially look at whether you’re an essential worker and if you’re in a role that requires contact with the public. You won’t have to pinpoint the exact time you were infected, but the carrier will expect documentation of elevated risk. Such as having daily contact with the public, working in a healthcare setting, working as a teacher or social service provider, or other roles that can’t be performed remotely.

New York State Workers’ Compensation Board has a very helpful document that goes into detail about the process and what you’ll need to provide to prove you were infected by COVID at work including:

1. Description of the work environment and services offered
2. Details about the company, location, and hours
3. Your job description and the specific functions that put you at risk
4. Medical report from an authorized caregiver that confirms you have COVID due to work
5. Positive test result and/or a medical report from an authorized caregiver

Could a Worker Get Denied Workers’ Comp For COVID at Work?

Yes, it’s possible that a worker could be denied a workers’ comp COVID claim. You could be asked about other daily activities that could put you at risk, your household’s risk due to other family members in high-risk positions, if you have any children in school, and precautions you take on a daily basis. 

Workers’ compensation COVID claims will most likely be treated like any other illness and not given an immediate approval. It also most likely won’t be covered as an “occupational disease” but a “workplace injury.” That means you should still take precautions both at work and at home to limit exposure. You can’t assume that a COVID diagnosis will be an easy claim.

Insurance carriers have 18 days to act on the claim once the employer submits it. Keep a journal to document every symptom from the first moment you notice anything abnormal. Don’t assume sniffles are allergies or that a headache is just stress. Keep notes on your health as well as your daily activities so that if you end up with a diagnosis you can trace your symptoms. This may seem over the top, but it can protect you. Especially if you’re an essential worker or are required to go back to work.

My goal here is to summarize the basics, but if you want to do some deeper reading on the topic, there are some great resources that describe the COVID claim process and pitfalls.

The good news is that you don’t have to go it alone. We handle workers’ compensation claims for employees all over the city. If you’re in NYC and need help dealing with a denial or feel your health has been carelessly put at risk, we’re here to help with a free consultation.