The Oklahoman

Workers comp claims may include COVID-19 infections

- Paula Burkes, Business writer

Do employers have to worry about workers' compensati­on claims if an employee becomes ill with COVID-19?

In general, employees who are injured within the course and scope of their employment can file a workers' compensati­on claim against their employer. This includes injured workers who are harmed by an occupation­al disease or working conditions, which could include COVID-19.

Will it be difficult to make a workers' compensati­on claim based on COVID-19?

Yes. Injured workers will have to prove they were exposed to the virus at work, and the evidence must show a correlatio­n between the exposure and the contractio­n of the virus. Claims are generally contested. Here, employers will have immediate doubt as to where the virus was contracted. Did the worker contract the virus at work or on the way home? What about the bus or the gas station? Even if there is no doubt that an injured worker was exposed within his or her workplace, the occupation­al disease will need to be corroborat­ed by a medical doctor. It will be a tough claim to prove.

Could someone who was exposed to COVID-19 at work receive compensati­on another way?

In general, Oklahoma law limits an employee's

remedy to workers' compensati­on benefits, meaning employees injured on the job are barred from making a tort claim against their employers in District Court. These benefits are the “exclusive remedy” of the injured worker. There are some exceptions, of course. While this system protects employers and insurance companies, it is not the best thing for workers. That's why people who get sick or injured at work need an attorney who can represent their interests and help them receive fair compensati­on.

Will the pandemic

lead to more workers' compensati­on claims?

I expect to see an increase in worker health and safety cases over the next six months. This pandemic is real, and the number of cases is rising each day. All employers, whether they are considered essential or not, are held to the same standards in the eyes of workers' compensati­on laws. I hope companies are doing their part to keep their employees and our communitie­s safe. In these times, employers should not value profits over people. We are all Oklahomans and a safe and healthy workforce will be the key to a strong economic recovery.

 ??  ?? James Biscone is an attorney with Johnson & Biscone.
James Biscone is an attorney with Johnson & Biscone.

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