With the advent of sudden work from home transitions, illnesses, and other staff logistic changes, employers have been inundated with rapid change in their work processes and environments. With all of the major focus on just carrying forth operations in whatever way possible, particularly when such an event was unprecedented and therefore unplanned for, employers have been overcome with COVID-19 related operational deficiencies, and perhaps even temporary closure of operations.

Many employers are asking if COVID-19 is a compensable workers compensation illness. According to NCCI, the answer to that is "maybe". While WC laws provide compensation for "occupational diseases" that arise out of and in the course of employment, many state statutes exclude "ordinary diseases of life" (e.g., the common cold or flu). There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable. Each employer should check NCCI and their worker state employment laws frequently to determine if there have been changes or bulletins that address the coronavirus as a compensable illness for benefits. Many state insurance departments and workers compensation bureaus have ordered that employees who contract COVID-19 on the job have the rebuttable presumption that they got the illness at work. See State Insurance Departments COVID-19 Update – Interactive Map  https://www.nuco.com/fcs/2020/04/27/pandemic-recap-and-updates/

Employers are encouraged to follow guidelines from the states' health authorities, the Centers for Disease Control, and World Health Organization, and to check these resources regularly since the situation is changing daily. The Preventing COVID-19 Spread in Communities section of the CDC site provides specific guidance for home and work that will be of benefit.