COVID-19 and Workers’ Compensation Benefits

Over the past week, the spread of COVID-19 has caused most Americans to miss work, work remotely, or otherwise practice “social distancing” in order to protect themselves, their families, and their neighbors from exposure to the virus. However, many men and women continue to work or may have been exposed to the virus before social distancing and self-quarantine procedures became established. It is important to understand that if employees become ill due to their jobs, they are protected under the Pennsylvania Workers’ Compensation Act.

COVID-19 will be a compensable condition for many employees in Pennsylvania. The Pennsylvania Worker’s Compensation Act covers injuries and illnesses that occur “within the course and scope of employment” for all Pennsylvania workers. Those who encounter the virus due to their employment have an absolute right to claim medical and wage loss benefits through the Workers’ Compensation law.

To ensure that workers receive the benefits to which they are entitled, we recommend that employees affected by the virus, i.e., those who are diagnosed with COVID-19 and/or miss work due to COVID-19 symptoms, provide notice and formally request Workers’ Compensation benefits from the employer. This should be done by specifically notifying a supervisor at the employer that the virus was contracted due to their employment. This notice is provided the same way it would be provided for a work injury such as a broken bone.

When making a claim for COVID-19 under the Pennsylvania Workers’ Compensation Act, employees may face unique challenges. While many employers are doing their best to support their employees during the COVID-19 crisis, some may seek to avoid responsibility. Those employers and their insurance carriers will vigorously defend such claims. Because of this, it is important to be particularly vigilant when avoiding exposures outside of your employment.

After a claim is filed, employers will seek information about the employee’s out-of-work activities in the weeks and months before the exposure/diagnosis. Please remember that all forms of social media can and will be used to obtain information. Insurance carriers and employers may also seek information regarding individuals in the employee’s family or social circle who may have been exposed to, or diagnosed with, the virus. All of this will be done in an effort to establish a cause of the illness outside of the exposures encountered by the employee in the course and scope of his/her employment. As a result, employees making a claim for benefits due to COVID-19 must be prepared to show that all suggested precautions were maintained outside of work prior to the exposure/diagnosis.

Additionally, we are seeing some employers attempt to avoid paying benefits to already injured workers sent home due to COVID-19 restrictions. If an employee who was already working in light/restricted duty under physical or hours restrictions due to a work injury is sent home, furloughed, or laid-off due to the current crisis, a full Workers’ Compensation check must be reinstated. Some employers are failing to restart the Workers’ Compensation checks of people working light duty following a work injury. This is a clear violation of the law and action must be taken to protect the injured employee’s rights and restart the Workers’ Compensation check.

If you have questions concerning COVID-19 diagnosis/exposures, or to make a claim for Workers’ Compensation benefits in connection with COVID-19, please do not hesitate to contact the head of our Workers’ Compensation Department, Michael G. Dryden, Esq., at (215) 656-3645 or via email at mdryden@wwdlaw.com.

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