How can an essential worker prove that they caught COVID-19 at work?

The New Jersey workers’ compensation program provides benefits to employees who contracted COVID-19 on the job and cannot work as a result of the diagnosis. However, obtaining benefits is not as easy as merely proving a diagnosis; some workers will need to prove that they caught COVID at work, which can be challenging.

However, “essential employees” are entitled to a rebuttable presumption that they were exposed to COVID at work. This means that, regarding essential employees, it is up to the employer (or their insurance carrier) to prove that an essential employee DID NOT catch COVID at work. Thus, the new law shifts the burden from the employee to the employer, making it much easier to obtain workers’ comp benefits.

Of course, determining who is an “essential employee” is not necessarily straightforward. Thankfully, the new law provides some guidance, explaining that an essential employee is a public or private sector employee who, during a state-declared emergency, performs any of the following job functions:

• Public safety worker or emergency responder (including police and firefighters);
• Provide healthcare services, emergency transport services, or social services;
• Performs functions which involve physical proximity to members of the public and are essential to the public’s health, safety, and welfare, including transportation services, hotel employees, financial services, and those who work in the manufacture, delivery or sale of essential services such as food, beverages, fuel, and medical equipment.

The law also states that anyone else who is later labeled as an “essential worker” by the state is also entitled to the presumption. This law went into effect on September 14, 2020 but is retroactive for COVID-19 cases dating back to March 9, 2020. Thus, any worker who was previously denied workers’ compensation benefits due to the lack of evidence showing they caught COVID at work should reapply.

Other COVID-19 Work-Related FAQs:

• Can My Employer Fire Me If I File a Workers’ Comp Claim After Catching COVID-19 at Work?
• Does Workers’ Compensation Cover a COVID-19 Diagnosis?
• How Can An Essential Worker Prove That They Caught COVID-19 at Work?
• What Should I Do If I Think I Caught COVID-19 at Work?