A Worker May Be Sick or Exposed to COVID-19 Do I need to offer workers’ compensation benefits?
- What are COVID-19 symptoms and what do I need to do if an employee is sick or exposed?
- What are paid sick leave options for workers?
- Do I need to offer workers' compensation benefits?
- What is an outbreak and what do I need to report?
If a worker believes they contracted COVID-19 at their workplace, they have a right to workers’ compensation benefits. You should encourage workers to notify their employer and file a workers’ compensation claim if they think they contracted COVID-19 at work. When you become aware of the illness, you should provide your employee the workers’ compensation claim form.
Law on COVID-19 Presumptions
On September 17, 2020, the governor signed Senate Bill 1159. This law created two rebuttable presumptions that COVID-19 illnesses contracted by specific categories of employees are work related and therefore eligible for workers’ compensation, including medical treatment. Those presumptions expired on January 1, 2024, and are no longer in effect. Employees still may establish the compensability of COVID-19 claims under the standard rules for compensability for diseases.
If You Need Additional Support
- DWC FAQs on SB 1159
- How to file a workers’ compensation claim
- DWC Injured Worker Guidebook
- Workers’ Compensation claim form (DWC 1)