Workers comp claims may include COVID-19 infections
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.