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San Diego COVID-19 Lawyer


As the coronavirus, or COVID-19, continues to spread across communities in the United States, many companies are sending their employees home to work remotely indefinitely to protect their health and prevent the virus from spreading. However, there are still employees reporting to their workplaces for their jobs, which leaves many wondering whether or not they could file for workers’ compensation benefits if they contract the virus.

In nearly all cases, workers’ compensation eligibility requires a job-related illness or injury. While state laws provide compensation for “occupational diseases” that may arise, many statutes exclude “ordinary diseases of life,” such as the common cold or flu.

Currently, it’s impossible to determine where you contracted your virus, rendering you unable to prove that you got sick at work. In the case of COVID-19 or coronavirus, it is critical to understand the unique job that an employee was performing if/when exposed.

For example, healthcare professionals often have a lower threshold for connecting the cause or source to the course and scope of their work, including:

  • Doctors
  • Nurses
  • First responders (EMT, Fire Fighters, Police Officers)
  • Hospital workers
  • And lab technicians

However, other workers may be able to qualify for workers’ compensation benefits if the employment subjects the employee to an increased risk compared with that of the general public.

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