COVID-19 is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel Coronavirus that was first identified during an investigation into a December 2019 outbreak in Wuhan, China.
Many policyholders are interested to know if their workers’ compensation coverage will apply if their workers contract COVID-19. Whether workers’ compensation coverage will apply to any illness is dependent on the specific facts of each case.
Generally speaking, workers’ compensation does not cover ordinary diseases that the general public is exposed to outside of the employment setting. However, there may be facts and circumstances associated with a particular claim that connect the illness to a particular workplace event or exposure. We ask that you continue to report all suspected occupational related illnesses and injuries to us.
This is an emerging, rapidly evolving situation. We recommend that you closely monitor the Centers for Disease Control (Coronavirus Disease (COVID-19) | Occupational Safety and Health Administration (osha.gov)) and local health departments for the most current information.
The information below is interim guidance and is based on what is currently known as of this date about COVID-19. This guidance also provides planning considerations if there is an outbreak of COVID-19 in your community.
Specific guidance for the healthcare industry can be found at:
California-specific guidance:
The following interim guidance for general industry employers may help prevent workplace exposures to acute respiratory illnesses, including COVID-19, in non-healthcare settings.
General steps that should be implemented immediately:
Employers may also want to consider creating an infectious disease outbreak response plan. It is important that you are ready to implement strategies to protect your workforce from COVID-19 while ensuring continuity of your business operations.
The CDC website contains recommendations for creating an infectious disease outbreak response plan to be followed in the event of an outbreak. According to the CDC, when developing a plan, employers should keep the following in mind:
Ensure the plan is flexible.
These response plans should include one or more of the following:
CopperPoint has developed FAQs to address workers’ compensation coverage and claims. Please refer any specific questions to your underwriter or insurance broker.
Will workers’ compensation coverage apply if my employees contract the Coronavirus?
Whether workers’ compensation coverage will apply to an illness is always dependent on the facts of the claim. Generally speaking, workers’ compensation does not cover ordinary diseases that the general public is exposed to outside of the employment setting. However, there may be facts and circumstances associated with a particular claim that connect the illness to a particular workplace event or exposure. Please contact us in the event of a loss or claim resulting from the Coronavirus.
Will my commercial insurance coverage apply if my business suffers claims due to the Coronavirus?
Whether coverage applies is always dependent on the facts of the claim and the terms of the policy. You should be aware that property policies often contain an endorsement excluding all loss or damage caused by or resulting from any virus. Please contact us in the event of a loss or claim resulting from the Coronavirus.
What can I do to prevent a loss or claim resulting from the Coronavirus?
Refer to the Centers for Disease Control and Prevention (CDC) for current information and recommended precautions.
What do I do when a worker wants to report Coronavirus illness as a claim?
Coronavirus workers’ compensation claims are currently handled as any illness claim is handled. Claims should be immediately reported, and the claims process will make the compensability determination via AOE/COE protocols. The facts around any proposed claims should be carefully and thoroughly documented, including other workers the claimant was near or in contact with, to assist in the investigation of the claim. Keep in mind, if someone comes to management complaining of illness they should be separated from other employees. Report a claim following the normal process that you currently use:
Directory of State Health Departments:
https://www.cste.org/page/EpiOnCall
Directory of Local Health Departments:
https://www.naccho.org/membership/lhd-directory
CDC Guidance:
Other Government Agencies:
This is an evolving and changing situation. As always, a safe and healthy workplace is what is most important.