UPDATE 3/25/2020:
Since we put up this post 2 weeks ago, the impact to our area has been significant. We send our warmest regards to those with loved ones fighting this dangerous virus and wish all of those infected a full recovery. While the health of our fellow citizens is paramount during this crisis, our thoughts are also with those who’s life and livelihoods have been impacted as well.
The Coronavirus – WHAT IS IT?
The Coronavirus that has dominated news coverage recently is a new respiratory virus that originated in Wuhan, China. The virus is contagious and known to be transmitted through coughing and sneezing by infected individuals. At the present time, there is no vaccine or cure.
The impact of the coronavirus on those infected has varied, causing only minor cold symptoms in some while proving to be fatal to others. Information is coming out daily when it comes to the coronavirus you can get all the latest facts here from the CDC.
The Coronavirus – Impact on workers
With the threat of further spread of the coronavirus looming (and likely), many employees and employers are wondering how this will impact the workplace. A growing number of workers have been asked to work remotely from home.
What about those with jobs where working remotely isn’t a viable option? Will these workers be able to file workers’ compensation claims if they are infected with the coronavirus?
With so much uncertainty surrounding the potential impact of this virus, experts are still trying to figure out these answers.
The Coronavirus and workers’ compensation
Why are experts in both the legal and insurance industry struggling to give a clear answer on the coronavirus and workers’ compensation?
“We don’t have precedence on this issue because we don’t have a lot of exposures to pandemics,” said Aaron D. Goldstein, a Seattle-based partner in the labor and employment practice at Dorsey & Whitney LLP. “Unfortunately, it leaves employers (and employees) in a gray area; if this coronavirus ends up being worse than the swine flu it may not follow the same rules.” (Luise Esola, BusinessInsurance.com)
Goldstein went on to cite exposure to the seasonal flu in the workplace, saying “if you come down with the flu it is not a workers comp issue, maybe with the exception of healthcare workers.” But those with “medium” risk exposure, such as workers whose jobs require them to work with the public, could see rules shift in their favor, Mr. Goldstein said. (Esola)
The Coronavirus and Workers’ Compensation – the Key Factor
As Mr. Goldstein stated above, the key factor when it comes to coronavirus and workers’ compensation could be whether the worker is or isn’t a public safety worker.
John H. Geaney, writing for workerscompensation.com, addressed this. Geaney stated, “For non-public safety workers, the likelihood of successfully maintaining an occupational disease claim under N.J.S.A. 34:15-31 would be very low…Public safety workers, on the other hand, will have a strong argument for compensability.”
Christopher J. Boggs of insurancejournal.com expanded on this further. “Only if it is proven that the employee has an increased risk of contracting the virus due to the peculiarity of his or her job might the coronavirus be considered occupational and thus compensable. Remember, compensability as an occupational illness requires something about the job that increases the risk of exposure and illness…healthcare workers may be able to prove the necessary peculiarity – being face-to-face with sick people ALL day – to assert a compensable injury.”
Stay tuned for further updates here on our site as the info about the coronavirus continues to develop, along with its impact on workers and the law.
MINTZ & GEFTIC – New Jersey Workers’ Compensation Lawyers
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Sources:
Christopher J. Boggs – Insurance Journal
John H. Geaney – Workerscompensation.com
Louise Esola – BusinessInsurance.com
CDC