Design Highlights
- The New York High Court requires claimants to prove “extraordinary” exposure to COVID-19 for workers’ compensation claims.
- Regular interactions in high-risk environments are essential to qualify for claims, while casual contacts are insufficient.
- Claimants must demonstrate specific links between workplace exposure and their infection.
- Mental stress claims related to COVID-19 face higher proof requirements than physical injuries and are treated as normal work conditions.
- Recent rulings highlight the challenges faced by individuals in proving work-related COVID-19 claims, as seen in school custodian cases.
In a world where catching COVID-19 feels about as likely as winning the lottery, the New York High Court has laid down some serious ground rules for workers trying to claim coverage for infections. The court has made it clear: if you want workers’ compensation for COVID-19, good luck proving it. Workers must show they had “extraordinary” exposure to the virus.
Forget casual contacts. To meet that bar, they need to demonstrate regular, high-risk interactions with the public or coworkers in places where the virus is running rampant. It’s like trying to get a refund on a lottery ticket—good luck with that!
The ruling reinforces a tough standard: if you catch COVID-19, it better be because you were elbow-deep in a crowded, virus-infested workplace. Family Dollar tried to challenge the State Workers’ Compensation Board’s approach, but the court wasn’t having it. No sympathy here; they backed the board’s criteria, insisting it aligns with the law’s goals.
Even if someone gets seriously ill—say, suffers a stroke from COVID—the infection must still be linked directly to workplace exposure. General risk? Not enough. In a recent ruling, the court emphasized that EDTPA immunity applies, which complicates claims further.
Now, if you thought mental stress from COVID-19 exposure would be a slam-dunk claim, think again. The court is not extending the same leniency for psychological injuries. Claimants now have to prove their stress levels are off the charts compared to colleagues maneuvering the pandemic like everyone else.
Sorry, folks. The board decided that pandemic-induced stress at work is just par for the course—no extra compensation there. Unlike other workplace injuries that trigger automatic medical expenses and lost wages, COVID-19 claims face heightened scrutiny.
In a recent twist, an appeals court reversed a favorable decision for a school custodian who caught COVID-19 on the job. Why? They couldn’t show that regular, close interactions with infected individuals happened. A few brief encounters with students didn’t cut it.
The court pointed out that the custodian’s infection could easily have come from community exposure, not the workplace. So much for a clear-cut case.
While the New York High Court is slamming the door on most COVID-19 infection coverage claims, it’s echoing what’s happening elsewhere. Take the UK Supreme Court, which has upheld coverage for some non-damage business interruption claims, but that’s a whole different ball game.
The takeaway? If you’re looking for COVID-19-related compensation, prepare for an uphill battle. The courts are drawing lines, and they’re not in your favor.
