What workers’ compensation insurers should know about compensability of infectious diseases such as COVID-19
Infectious diseases such as COVID-19 can be compensable as either a personal injury or occupational disease in certain situations. CWK attorney Whitney Teel did a deep dive into the issue during the H1N1 outbreak in 2009, and the caselaw is applicable to the current COVID-19 outbreak.
The quick answer is it is possible for COVID-19 to be a compensable workers’ compensation injury in Minnesota, but as always the burden of proof is on the Employee. With infectious diseases, such as polio, influenza, tuberculosis, or COVID-19, proving point of contraction is critical. Employers are encouraged to let their workers’ compensation insurer know if an employee tests positive for COVID-19.
If you have additional questions you can contact Whitney Teel HERE