COVID-19: Workers' Compensation

Labor and Employment

The COVID-19 pandemic has created countless challenges for state policymakers across the country. Among those is the role that workers’ compensation insurance plays in helping workers infected with the disease. Every state has its own unique workers’ compensation policy landscape. States apply varying coverage requirements and standards based on industry, occupation, and the size and structure of a business. Workers’ compensation is designed to benefit both employees and employers by providing reliable insurance coverage with predictable, timely payments and reduced legal costs. Beyond providing medical treatment at no cost to the employee, workers’ compensation also provides wage replacement benefits for lost wages resulting from time away from work. If a worker dies due to a qualifying condition, the worker’s family could be eligible for financial death benefits. Most states have a dedicated workers’ compensation court system where judges make the final decision on claims and benefits awarded.

Does Workers’ Compensation Cover COVID-19?

The answer is complicated. Generally, workers’ compensation does not cover routine community-spread illnesses like a cold or the flu because they usually cannot be directly tied to the workplace. Some states have made exceptions for certain workers who develop chronic illnesses, like cancer, resulting from repeated exposure to harmful materials and environments. According to the National Council on Compensation Insurance, prior to the COVID-19, at least 19 states had policies stating that when firefighters and other first responders develop lung and respiratory illnesses, those conditions are presumed to be work-related and covered under workers’ compensation. It is unclear if those existing policies would include COVID-19 illnesses.

The COVID-19 pandemic presents a unique circumstance where the many jobs that are not typically considered hazardous have suddenly become very dangerous for the workers. Workers deemed essential including health care workers, mass transit operators and grocery store workers are at a high risk of exposure to the virus while at work. But the more hazardous working conditions do not guarantee that a COVID-19 infection would be covered under workers’ compensation in most states.

State Response to COVID-19

States are taking action to extend workers’ compensation coverage to include first responders and health care workers impacted by COVID-19. A common approach is to amend state policy so that COVID-19 infections in certain workers are presumed to be work-related and covered under workers’ compensation. This presumption places the burden on the employer and insurer to prove that the infection was not work-related making it easier for those workers to file successful claims. Some employers and insurers have raised concerns that these presumption policies will increase insurance costs for employers at a time when businesses are already facing significant financial challenges.

In total, 28 states and Puerto Rico have take action to extend workers compensation coverage to include COVID-19 as a work-related illness. Eleven states have enacted legislation creating a presumption of coverage for various types of workers. Utah and Wisconsin limit the coverage to first responders and health care workers. Illinois, New Jersey and Vermont cover all essential workers while California and Wyoming cover all workers. States have also used executive branch authority to implement presumption policies for first responders and health care workers as a part of their COVID-19 emergency responses. However, many of those executive orders have expired following the end of the state of emergency in certain states.

State Spotlight

In March of 2020, Washington state’s Department of Labor and Industries announced that health care workers and first responders will receive wage-replacement benefits and have all related health care expenses covered under the state’s workers’ compensation program when quarantined by a physician. Washington has a single publicly-managed insurance option that employers can purchase giving the state more control over the coverage offered to workers. Other essential workers in Washington who test positive for COVID-19 will be considered on a case-by-case basis. The state has established three criteria for evaluating these COVID-19 claims:

Was there an increased risk or greater likelihood of contracting the condition due to the worker's occupation (such as a first responder or health care worker)?
If not for their job, would the worker have been exposed to the virus or contracted the condition?
Can the worker identify a specific source or event during the performance of his or her employment that resulted in exposure to the new coronavirus (examples include a first responder or health care worker who has actually treated a patient with the virus)?

State Actions

NCSL is tracking legislation, executive orders and other administrative policy changes that directly address workers' compensation coverage of COVID-19.

State	Status	Type of Worker With Presumption of Occupational Disease	Bill or Order Number
Alaska	Pending	First responders, Health care workers Child care/educators Grocery employees Farmers market employees	HB 45
Arkansas	Enacted (Exp. May 1, 2023)	All workers whose jobs make exposure to COVID-19 possible or likely. The order does not give a presumption of coverage, but defines COVID-19 as an occupational disease making it coverable by workers compensation under the regular process of filing a claim.	HB 1488
California	Pending	Creates a rebuttable presumption of injury for health care workers, includes an illness or death resulting from COVID-19 as one of several diseases that workers can claim compensation for, if specified circumstances apply.	SB-213
California	Enacted	All workers exposed to COVID-19 resulting from a hazardous workplace	AB 685
California	Enacted	Workers employed to combat the spread of COVID-19	SB 1159
Florida	Admin. Policy Change	First responders Child safety investigators Corrections officers National Guard service members responding to COVID-19 State-employed health care workers	CFO Directive 2020-05
Florida	Informational Memorandum	Reinforces the administrative policy change and informs insurance carriers that existing Florida law defines and covers occupational diseases.	OIR-20-05M
Georgia	Pending	Relates to Compensation for Occupational Disease, so as to include COVID-19 within the meaning of Occupational Disease for Essential Workers	HB 700
Georgia	Pending	Related to Compensation for Occupational Disease, so as to include COVID-19 within the meaning of Occupational Disease for Essential Workers	SB 291
Illinois	Enacted	All essential workers	HB 2455
Iowa	Pending	Relates to compensation for infection with COVID-19 or a similar disease under the Iowa Occupational Disease Law	HB 121
Iowa	Pending	Anybody who contracts COVID-19 arising from and during the course of their employment	SB 138
Kentucky	Executive Order	First responders Health care workers Military and National Guard Domestic violence shelter workers Child advocacy workers Rape crisis center staff Grocery store workers Postal workers Child care workers	EO 2020-277
Massachusetts	Pending	Creates a presumption of relatedness for workers suffering from COVID-19	HB 1986
Massachusetts	Pending	Provides Worker Compensation protection to emergency response and medical personnel related to COVID-19 infection	HB 1993
Massachusetts	Pending	Relates to occupational presumption and COVID-19	HB 2031
Massachusetts	Pending	Relates to Emergency Hazard Health Duty	HB 2414
Massachusetts	Pending	Relates to disability or death caused by contagious diseases	HB 2650
Massachusetts	Pending	Relates to a COVID-19 presumption for Law Enforcement	HB 2770
Massachusetts	Pending	Emergency room and urgent care health workers	HB 4749
Massachusetts	Pending	Relates to COVID-19 and improving workers benefits	SB 1155
Massachusetts	Pending	Frontline health care workers	SB 1194
Massachusetts	Pending	Relates to disability or death caused by infectious diseases	SB 1663
Massachusetts	Pending	Relates to a COVID-19 presumption for public employees	SB 1767
Massachusetts	Pending	Paramedics Emergency and urgent care health care workers	HD949
Michigan	Pending	Provides infectious disease presumption for essential employees during a declared emergency	HB 4748
Michigan	Pending	Workers who contract COVID19 and have long term health effects may be entitled to long term wage-loss benefits	HB 4753
Michigan	Pending	Relates to COVID-19 presumption for police, firefighters, and emergency medical personnel incurred in the line of duty	HB 4822
Michigan	Pending	All essential workers	HB 5758
Michigan	Pending	Infectious disease presumption for essential employees during a declared emergency	SB 161
Michigan	Pending	First responders Health care workers Corrections officers	SB 906
Michigan	Pending	All essential workers	SB 928
Michigan	Pending	Workers who contract COVID-19 would be ineligible for workers' compensation if their employer was in compliance with public health requirements and guidelines	SB 1019
Michigan	Pending	All workers who are required by their employer to work outside their home	HB 6040
Minnesota	Pending	School Employees	SB 105
Minnesota	Pending	In part, provides workers compensation for certain school employees who contract COVID-19	SF 719
Minnesota	Pending	Extends the presumption for a workers compensation claim based on COVID-19	SF 1203
Minnesota	Pending	Adopts recommendations of the workers compensation advisory council	SF 2143
Minnesota	Pending	In part, provides workers compensation for certain school employees who contract COVID-19	HF 2
Minnesota	Pending	Relates to workers compensation, creates a presumption of eligibility for school employees who contract COVID-19	HF 32
Minnesota	Pending	Extends the presumption for a workers compensation claim based on COVID-19	HF 1203
Minnesota	Pending	Adopts recommendations of the workers compensation advisory council	HF 2253
Minnesota	Enacted	First responders Health care workers	HF 4537
Missouri	Enacted	Evidence of occupational disease exposure for first responders	Emergency Rule 8 CSR 50-5.007
Nebraska	Pending	Frontline Employees	LB 441
New Jersey	Pending	All essential workers	AB 3998
New Jersey	Enacted	All essential workers	AB 3999
New Jersey	Pending	Would prohibit payment of workers compensation benefits for COVID-19 unless the employer committed gross negligence	AB 4496
New Jersey	Pending	Workers in warehouses and distribution centers	AB 4784
New Mexico	Executive Order	Certain state workers and volunteers	EO 2020-025
New York	Pending	Amends the volunteer firefighters benefit law and the volunteer ambulance workers' benefit law, in relation to COVID-19 exposure during a state of emergency	AB 1560
New York	Pending	Relates to including exposure to novel coronavirus, COVID-19 as an occupational disease	AB 6117
New York	Pending	Public employees required to work in person and can receive workers’ compensation death benefits in the event that they die from COVID-19. in-person	A 2127
New York	Pending	Relates to including exposure to novel coronavirus, COVID-19 as an occupational disease	SB 1241
New York	Pending	Amends the volunteer firefighters benefit law and the volunteer ambulance workers' benefit law, in relation to COVID-19 exposure during a state of emergency	SB 1963
New York	Pending	Amends the labor law and the workers compensation law, in relation to liability of businesses for damages associated with a pandemic	SB 3725
New York	Pending	First responders	SB 8117A
New York	Pending	All workers who have contact with others	SB 8266
New York	Pending	All workers at risk of exposure as part of their job	AB 10401
Ohio	Pending	First responders	HB 571
Ohio	Pending	All essential workers	HB 573
Ohio	Pending	Grocery store workers Food processing workers	HB 605
Ohio	Pending	Health care workers	HB 633
Ohio	Pending	Corrections officers	HB 667
Ohio	Pending	First responders	HB 668
Oklahoma	Pending	Relates to occupational diseases	HB 2239
Puerto Rico	Enacted	All workers infected while performing authorized services	SB 1540
Rhode Island	Pending	All health care workers Public safety workers All essential workers	HB 5264
Rhode Island	Pending	Related to labor and labor relations, workers compensation, occupational diseases	HB 5474
Rhode Island	Pending	All essential workers	HB 8066
South Carolina	Pending	First responder Health care provider Correctional officer Isolate or isolation	HB 3192
Tennessee	Enacted	Relates to infectious diseases	SB 995
Texas	Pre-filed	Nurses	HB 396
Texas	Enacted	Relates to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees	SB 22
Utah	Enacted	First responders Health care workers	SB 3007
Vermont	Enacted	Relates to extending certain workers compensation amendments related to COVID-19	SB 9
Vermont	Enacted	First responders Health care workers Corrections officers Long-term care staff Child care providers Employees of pharmacies or grocery stores Other workers with high risk of exposure	SB 342
Virginia	Enacted	Health care workers	HB 1985
Virginia	Enacted	Relates to workers compensation, presumption as to death or disability or health care providers from COVID-19	HB 2207
Virginia	Enacted	Relates to workers compensation, presumption as to death or disability from COVID-19	SB 1375
Washington	Admin. Policy Change	First responders Health care workers	Press Release
Washington	Enacted	Provides health care workers with presumptive benefits during a public health emergency	SB 5190
Wisconsin	Pending	In part, relates to workers compensation injury to critical workers	AB 31
Wisconsin	Enacted	First responders	AB 1038
Wyoming	Enacted	Public health emergencies - immunity amendments	SF 19
Wyoming	Enacted	All workers otherwise covered under workers' compensation	SB 1002 (special session)

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Summary COVID-19: Workers' Compensation

Does Workers’ Compensation Cover COVID-19?

State Response to COVID-19

State Spotlight

State Actions

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