The topic of the coronavirus (COVID-19) has been spreading like wildfire throughout the media, and it has now been declared a pandemic by the World Health Organization. However, the virus poses other questions in addition to those of a purely medical nature. If you catch the illness in the workplace, is it covered by worker’s compensation? What about missed hours due to time spent under quarantine?
Many of us are potentially at risk of exposure, especially those with high-risk jobs like service workers and medical professionals, and need to take precautions and be prepared for the worst.
Under workers’ compensation laws, the coronavirus currently remains in a gray area, and varies state by state. Generally, an “ordinary disease of life” like a cold or flu is not covered under work comp. But because COVID-19 is a specifically identifiable illness caused by a novel coronavirus, it would likely qualify as an “occupational disease” under Missouri’s work comp law.
However, an infected employee would have to show that their risk of exposure at work was greater than that which the general public is equally exposed to outside of employment, in their normal non-employment life. Often, that will depend on that particular person and their specific job and will be decided on a case by case basis.
Employees who work very closely with the general public—particularly health care workers—will have a better chance at obtaining worker’s compensation benefits than those who work in a single office or from home. The key is proving that they were exposed to coronavirus at work, or by showing that the risk of contracting the disease was greater due to their job duties.
For example, in addition to healthcare workers and first responders, a work environment with poor air circulation or lack of sanitation could increase the risk of contracting COVID-19. Jobs that require close proximity or physical contact with people, or travel to areas with an outbreak, also pose a greater risk.
Employers should take extra precautions too. The Occupational Safety and Health Administration (OSHA) has set regulations on the virus which reference its “general duty” clause. The clause mandates that employers provide a safe work environment for employees, as well as an additional guideline that requires that personal protective equipment be available to, if necessary, prevent respiratory exposure. Certainly, employers should implement vigorous environmental cleaning programs to combat the risk and give employees extra time to wash their hands frequently.
If an employee is placed under quarantine, the employer might have to provide paid time off, either under workers’ compensation or if a collective bargaining agreement calls for payment. Without a contract, employers may not have to pay hourly employees unless covered by workers’ compensation.
Some companies are voluntarily paying their quarantined employees if they contract the coronavirus. Uber, for example, now offers two weeks of paid sick leave to both drivers and delivery people if they’ve been infected with coronavirus. Employers are encouraged to provide paid time off for employees affected, whether covered by workers compensation or not, to prevent further spread to other employees. Otherwise, employees are pressured to work and expose others.
The state of Washington changed its policy related to workers’ compensation coverage for healthcare workers and first responders in order to specifically provide coverage for medical testing and treatment expenses related to COVID-19, and to pay benefits for time missed from work if sick or quarantined. Other states should follow Washington’s lead. Regardless, employers should consider offering to pay for testing of employees and to offer paid time off, in order to prevent an outbreak at the workplace.
If you find yourself ill or injured from work, contact an attorney as soon as possible for legal advice, and if necessary, to file a claim. To learn more about the coronavirus and how to protect yourself and your loved ones, view the CDC’s situation summary.
