Design Highlights
- New York courts recognize COVID-19 as a compensable injury under Workers’ Compensation Law without requiring pinpointing the exact moment of infection.
- Claimants can demonstrate their risk of exposure through general prevalence frameworks rather than specific incidents of infection.
- Evidence must show that workplace exposure rates exceed general community levels to support a COVID-19 compensation claim.
- High-risk occupations, like custodians, have a greater likelihood of having their claims accepted based on extraordinary exposure risk.
- Employers face increased scrutiny and difficulty dismissing claims due to the broader risk assessment approach in COVID-19 cases.
COVID-19 Workers’ Comp Claims are no laughing matter. In New York, catching COVID-19 at work is not just a bad luck story; it’s recognized as a compensable injury under Workers’ Compensation Law. That’s right. If you get sick because your job has you rubbing elbows with the public or your colleagues, you could be looking at some compensation. But hold on—it’s not as simple as waving a magic wand and getting a check. You see, COVID-19 counts as an “accidental injury.” So if you think you caught it at work, you might be in luck.
Now, let’s talk about psychological claims. People suffering from PTSD after COVID-19 exposure can file claims, but don’t get too excited. If you can’t tie it directly to your infection, you might just be left holding your fears. Death claims? They face some serious scrutiny too. Not every COVID-related death will get the green light under Article 8-A. Fear of catching the virus? Forget it; that won’t cut it.
So, how do you prove you were exposed? Enter the “prevalence” framework. Sounds fancy, right? This allows workers to show they were at an extraordinary risk without nailing down the exact moment they got infected. Psychological injuries resulting from exposure to COVID-19 were adjudicated, implying that employers can’t hide behind the “where did it come from?” excuse. If your job puts you in a high-risk situation, like being a custodian in a school, you’re more likely to get your claim accepted. This approach reflects the recent “prevalence” framework adopted by the New York State Workers’ Compensation Board, which emphasizes overall risk assessment over specific exposure events.
Claimants have to prove that COVID-19 was floating around in their workplace more than in the general community. This isn’t about pinpointing the exact moment you got sick. Courts have eased the burden of proof. No need to name the colleague who might have sneezed on you. Just show that the environment was ripe for exposure.
But here’s the kicker: employers and insurers are now sweating bullets. They can’t just brush off claims if workers can show a reasonable risk at work. The rules are changing, and COVID-19 claims are going to keep popping up. Employers may find it tricky to defend against claims based on general exposure risk, rather than specific incidents.
