Coronavirus (COVID-19) Can Be a Work Injury in PA

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We are all struggling through this unprecedented time due to the novel coronavirus (COVID-19). This global pandemic has infected millions, led to the closure of businesses across the world, and forced other business to adapt to the “new normal.” In Pennsylvania alone, over 157,000 people have already been infected and over 8000 people have died from COVID-19, with experts predicting the spread to continue.

This condition attacks the respiratory system, and can cause grave bodily harm, especially in those particularly vulnerable. Disability, and death, can result from this condition. In addition, medical experts now believe that the heart may be damaged by the virus and that there could be long term effects from COVID-19.

We are often asked, “What happens if I am infected with COVID-19 while working; am I entitled to workers’ compensation wage and medical benefits?” The short answer is YES. Such an infection could be considered a “work injury” in PA depending on the facts. The typical analysis we use for any potential workers’ comp case would be applied in this type of case.

The first thing we would examine is whether the injured worker’s condition resulted from his or her employment. In this context, we are looking at whether we can prove the injured worker contracted COVID-19 at or by his or her employment. Has there been contact with someone in the workplace, either co-employee or customer, who has tested positive for the coronavirus? Does the injured worker have a job at a “life-sustaining business” as that term as been defined by Governor Wolf’s Order, such that he or she has been in contact with an infected person? This can happen most obviously with healthcare workers, such as nurses, doctors and technicians, but also with first responders, like fire fighters, EMTs and police officers. It can also happen in businesses which are remaining open to serve the needs of the public, like meat processing plants, warehouses, and supermarkets. Delivery drivers bringing us online orders are also exposed if they are in contact with other people. Now that schools have opened within the state virtually, in-person and as a mixture of both, our teachers and other school personnel are at risk of catching the virus while working.

Next, we would be looking at “disability.” Has COVID-19 caused the worker to be unable to do their job? Is the worker unable to earn the same amount of money because they contracted COVID-19? As we know, COVID-19 can present differently with each person. Some people test positive, however report no symptoms at all, some people are sick for long periods of time but can manage their symptoms with outpatient medical treatment, other people require hospitalization and with extremely severe cases people have died from COVID-19 and its complications. If a worker in PA suffers a work related injury, if applicable they are entitled to wage loss benefits, medical benefits and potentially death benefits. With quarantines in place there may actually be a loss in earnings due to the condition without even having medical disability. Furthermore, the worker may be entitled to benefits long after they test negative to COVID-19 if there are ongoing problems caused by the virus. As such the long term effects need to be considered when filing a claim for benefits.

COVID-19 cases will be complicated as the issues are new and as such not common in the PA workers’ compensation arena. However if you contracted COVID-19 while in the course and

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