Female mosquitos can lay up to 300 eggs at a time. The eggs are usually deposited in clusters on the surface of stagnant water, or laid in areas that regularly flood. Winds and floods from a hurricane will wash away containers that would have functioned as breeding grounds, resulting in an immediate decline in local mosquito population. In the days and weeks after a hurricane, while flood waters are receding, the mosquito population will recover. The amount of standing water in Texas and Florida has increased in the weeks after the recent hurricanes. Standing water now may be found in houses, yards, and streets. Almost any receptacle could become a mosquito breeding ground if filled with flood water. A Tulane University study reported that in the year after Katrina the number of reported West Nile cases more than doubled in some communities affected by the hurricanes.

Along with a potentially higher number of mosquitos and a higher level of mosquito activity, increased exposure might contribute to the number of infections from arboviruses. During a hurricane, affected residents spend time outside evacuating or waiting for rescue. During the aftermath of a hurricane, residents spend more time outside clearing out and repairing destroyed buildings. After Harvey and Irma, millions of people were left without power. Without A/C residents are more likely leave windows and doors open during the clean-up and recovery time period. After suffering from losses associated with hurricanes, residents may have issues finding bug spray or other forms of mosquito repellant which could cut down on potentially disease spreading bug bites.

The World Health Organization declared the Zika virus outbreak a global public health emergency in order to prioritize resources to manage the rapid spread of the illness. When a mosquito from the correct species bites a person who is infected with Zika, that mosquito gives the virus to every other person it bites. Current research shows that the overall adult mortality risk is essentially nil, but the risk is much greater for pregnant women, where links between the Zika virus and brain defects in children are strongly suspected. These cases could all potentially lead to health benefits-related claims. For adults Zika lasts only 4-10 days and presents in 1 out of 5 people as fever, rash, join and muscle pain. Zika is not covered by some health insurance plans. As for life insurance, if you are diagnosed with Zika after you already own life insurance you will still have full coverage, but if you're currently applying for life insurance and become diagnosed with Zika, the insurance company will probably wait for you to recover before they offer life insurance coverage.

Although the number of Zika cases have significantly decreased in the last year, it is still possible to contract the virus while working, which could give rise to workers compensation claims.

Last summer, as the number of Zika cases rose swiftly in Miami, Florida, two local police officers sought restitution after they contracted Zika while on the job and were either denied coverage, or granted coverage just to later have that coverage revoked. Illnesses like the Zika virus, spread by a specific species of infected mosquito, make proving that the illness was contracted on the job very difficult. In fact, Florida officials have stated that officers must provide proof that they contracted the virus while on duty and “identify the specific infected mosquito” that caused their illness, and refuse to pay the medical bills of either claimant. Although the city claims that it is impossible to prove that either officer caught Zika while on duty, pools of Zika infected mosquitos had been found in Florida, and were located near the Miami Beach area.

Different species of mosquitos have different flight ranges. Generally a mosquito can travel around a mile per hour, and have a flight range of one to three miles. If a person lives and socializes in an area that is not considered a Zika transmission zone and lies miles away from a transmission zone, and that same person works in or near a known transmission zone and they contract the Zika virus, it is only logical to assume that they contracted the disease from a mosquito they encountered while working. Identifying the individual mosquito is not necessary. Asking an individual to provide the specific infected mosquito who bit them and caused the illness seems unreasonable when the symptoms of Zika do not surface for days after the bite. Since the complainants are first responding officers, and face a risk of exposure that is exponential in comparison to that of the rest of the population of Miami, a representative of the insurance regulators said the workers compensation insurer would be responsible for investigating the Zika claims from first responders.

Maps of the estimated range of the potentially Zika affected mosquitos in the continental United States: https://www.cdc.gov/zika/vector/range.html.

A map of mosquito-borne activity can be found at this link: http://publichealth.harriscountytx.gov/Services-Programs/All-Services/Mosquito-Control-Services.

In Union Pacific Railroad Company v. Nami, a railroad worker contracted West Nile virus while working outdoors in Texas. The work was being conducted in the “mosquito capital of the world” and the flooding associated with Hurricane Ike increased the amount of standing water, and therefore mosquito breeding grounds, located in the area. The employee argued that the employer failed to provide a safe workplace. The Railroad Company issued bulletins and warnings about the nature of the virus, the fact that it was spread by mosquito, the risks and symptoms of infection, and warnings to use mosquito repellent. In this case Nami was the only worker to contract the disease. The court decided that if the employer did nothing to attract the mosquitos and that the ferae naturae doctrine applied. The ferae naturae doctrine means simply that a property owner does not owe a duty to protect an invitee from wild animals indigenous to the area unless he or she possesses or controls the animal, attracts the animal to the property, or knows of an unreasonable risk and does not warn the invitee of the risk. Because the court decided that ferae naturae applied, the railroad company was found not to be liable for the employee contracting the West Nile virus. The court also decided that although mosquito repellant and long-sleeved shirts might have reduced the number of bites, neither would have prevented infection, and the company was not obligated to provide either.

The Miami cases vary on many of the facts that arise in the Union Pacific Railroad case. In Miami, there were two officers that were infected, and there was no evidence of warnings, or trainings provided to the employees. Two officers were infected with the same virus in the same general time period and area, and the city did not own the property on which the officers were infected. Because of these differences in facts, among others not mentioned, the Zika case could be decided differently than the Union Pacific Railroad Company case. This case has no negative subsequent appellate history. Union Pac. R.R. Co. v. Nami, No. 14-0901, 2016 WL 3536842 (Tex. June 24, 2016), reh'g denied (Sept. 23, 2016).

Proving that an individual was not bitten by the infected mosquito while playing catch with their son, grilling out, or doing gardening is a high burden of proof, while requiring that the worker provide the specific mosquito that caused the contraction of the virus seems egregious. If it can be proven that a worker would not be exposed to the risk except for on the job, say they live in an area where there are no infected mosquitos, and only enter zones with infected mosquitos when going to work, the burden of proof should be satisfied.

With the likely increase in the number of mosquitos, potential increase in mosquito activity, the probable increase in exposure to mosquitos, and the lack of access to mosquito repellants, may lead to an increase in arbovirus cases in the continental United States. In order to prevent contraction of Zika or West Nile, be sure to wear protective clothing and apply mosquito repellant if it's available.