We Don’t Pay For Viruses, Do We?

As COVID-19 continues to challenge the nation, the workers’ compensation industry is busy grappling with its own questions regarding the impact and responsibilities surround the virus.

Compensability for employees who claim they contracted the illness on the job remains a very big question.

We have already seen a push in numerous states to extend presumptive coverage to workers beyond those traditionally considered “first responders.” This new class of injured worker is now called the “front line worker.”

At least one state, Illinois, has beaten a hasty retreat on this after a court interceded and said their ruling on rebuttable presumptions was not within their realm of authority to issue. It remains to be seen what happens in other states.

But the question that remains unanswered for many is, we really do not pay for communicable viruses that exist in the general population, do we? The answer may not be as clear as many would prefer.