Does workers’ compensation cover a COVID-19 diagnosis?

A COVID-19 diagnosis is covered under the New Jersey workers’ compensation program provided the affected employee got exposed at the workplace. The difficulty in obtaining workers’ compensation benefits from a COVID diagnosis for many employees comes from the fact that they need to prove they caught the virus at work. The tricky part is, merely showing you were exposed at work is not enough; you need to prove that you contracted the virus while at work. Of course, this is challenging to do. For example, even if you never left the house except to go to work, your employer may argue that you caught the virus from someone you live with, through a package that was delivered to your home, or in any other number of ways. Of course, most of us still need to leave home on occasion. Thus, proving you got COVID-19 at work can be difficult.

However, certain employees are covered under the New Jersey workers’ compensation program. On September 14, 2020, New Jersey Governor Phil Murphy signed SB 2380 into law. This new law creates a rebuttable presumption that all essential employees diagnosed with COVID-19 contracted the virus through their work. Under the new law, employers have the burden to prove that an essential worker who was diagnosed with COVID caught the virus from somewhere other than the workplace. This puts employers in a challenging spot, as finding proof that an employee caught COVID outside work will be difficult. The complete text of the law can be read here: S2380 (state.nj.us).

Nonetheless, even essential workers may run into hurdles when applying for New Jersey workers’ comp benefits. Workers’ compensation claims must follow strict notice and filing requirements, which, if not done correctly, can impact the approval of or entitlement to receive benefits. Those who believe they caught COVID at work should speak with an experienced New Jersey workers’ compensation attorney for immediate assistance.

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?