Workers’ Compensation Coverage for Essential Workers With COVID

Essential workers have put their health on the line during the pandemic and many have contracted the coronavirus. While most recovered after a brief illness, others faced lengthy hospital stays that kept them out of work for long periods of time. To be eligible for workers’ compensation, employees must demonstrate that the COVID-19 exposure was related to their jobs, and there are special rules that apply in making that determination.

Some essential workers contracted COVID in the early days of the pandemic. In July 2020, Connecticut Governor Ned Lamont issued an executive order creating a rebuttable presumption that employees who missed one or more days of work between March 10 and May 20, 2020 due to a COVID diagnosis contracted the virus as a result of their employment.

If you had COVID during that time and missed at least one day of work, you are presumed to be eligible for workers’ compensation benefits if the following four conditions are met:

• You worked outside your home at least one of the 14 days immediately before you became ill and your employer had not offered or directed working from home.
• You became ill on April 6 or later, while working for a business deemed essential by the governor.
• You received a positive COVID-19 test within three weeks of the date you felt ill.
• You provided a copy of the positive test to your employer or insurer.

Your employer can rebut the presumption with evidence that your exposure to the coronavirus occurred elsewhere than on the job, but it is difficult for them to do.

If you contracted coronavirus after May 20, 2020, then you will need to prove that your illness should be considered an occupational disease entitling you to benefits under the Connecticut Workers’ Compensation Act. Proving exposure to the coronavirus on the job can be challenging, even if you work in the health care industry where the risk is higher. You should consider retaining an experienced workers’ compensation attorney to help you build your case. No matter the date of your diagnosis, workers’ compensation can cover your medical treatment costs, lost wages and other expenses stemming from exposure to COVID.

With offices in Hamden and East Haven, the workers’ compensation lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. represent essential workers throughout Connecticut. Talk to us about your COVID situation and we’ll see what we can do to help. Please call 203-745-0942 or contact us online today.