Workers’ Compensation Claims For COVID – 19 — A Changing Level of Proof

While the pandemic is now entering its third year and transitioning to an endemic, the long-term effects of COVID on our frontline workers are unknown. While Workers’ Compensation insurance carriers routinely deny claims for COVID claims, they do so under the misperception that workers can’t prove that they contracted the virus at work—and so the claim is not eligible for compensation.

However, the New York State Workers’ Compensation Board has lowered the standard for anyone considered a frontline worker. Instead of competent medical evidence showing that it’s more likely than not that your “injury” occurred at work, the new standard is a positive COVID test and a workplace with a higher percentage of COVID positivity than in the local community.

With the potential long-term effects of a COVID infection remaining unknown, it’s prudent to consider pursuing a claim now if you contracted the virus at work and are unsure if you’ll have a 100% recovery.

If you believe that you contracted COVID at work and have questions about a potential Workers’ Compensation claim, or have questions about any workplace injury-related issue, please call or text our office at 585-475-1100.

To learn more about our Workers’ Compensation and personal injury attorneys, visit our website. And to read about other insurance and personal injury-related topics, please visit our blog.