Worker’s Comp and Covid 19

It’s only a matter of time before someone catches Covid 19 while working and then raises the question of whether or not they’re entitled to Worker’s Comp benefits.

Right now, I don’t think anyone has a definitive answer on that. There are certainly opinions, some more strongly held than others. But let’s talk about the law and see what we can see…

For a disease to be covered by Worker’s Comp, it has to be an “occupational disease.” There are essentially two kinds: First, there are some specific medical conditions/diseases, which are recognized to be commonly associated with workplace exposures, are specifically identified in North Carolina General Statute § 97-53. Suffice it to say that Covid 19 ain’t one of ’em.

Second, though, is the catchall category. North Carolina General Statute § 97-53(13) is a “catch-all” provision which grants Comp coverage for any disease “which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment.”  The most common of these are carpal tunnel and tendinitis.

To qualify for the catchall provision, there are two elements:   The worker must show 1) that the employment placed them at an increased risk as compared to the general public for developing the occupational disease; 2) that the employment in fact substantially contributed to the occupational disease.

Personally, I think you could come up with a scenario where this argument passes muster. Let’s say we are, as a state, on a “shelter in place” order (I hear this is imminent at the time of this writing). That means if you aren’t deemed an “essential worker” then you are to stay home and not work. Which, conversely, means that if you are an essential worker, you are to get your @$$ out there and do your job…which means you are putting yourself at increased risk of exposure due to your employment AND your employment substantially contributed to the disease.

For example, let’s say you work for UPS, and delivery personnel are deemed essential. You’re out there going into ALL of the office buildings, ALL of the stores, ALL of the front porches, touching EVERYONE’S boxes. I think it’s obvious that you’re at an increased risk. And were it not for your employment, you wouldn’t be; you’d be at home eating bon bons and watching Tiger Joe (or whatever drivel is available on Netflix).

Now, what you get if it is deemed an occupational disease is for another post, so I’ll leave you here for now. If you have any questions about any workplace injury/disease, or any injury claim whatsoever for that matter, please call me at 919-929-2992.