Workers’ Comp andCOVID-19
CAN I FILE A CLAIM IF I CONTRACTED THE VIRUS AT WORK? If you are injured on the job while performing duties associated with your job, then you probably have a strong workers’ compensation case. But what if you contract an illness while on the job? Illnesses and workers’ comp cases are traditionally more complex. You probably can’t file workers’ comp after catching the flu from a coworker, but a coal miner suffering from lung disease after years of breathing in coal dust certainly has a case. In the wake of the COVID-19 pandemic, many employees are wondering what rights they have should they be infected with the virus while on the job. Under Massachusetts workers’ compensation law, a “‘[p]ersonal injury’ includes infectious or contagious diseases if the nature of the employment is such that the hazard of contracting such diseases by an employee is inherent in the employment.” This means that in order to claim workers’ comp after contracting COVID-19, exposure to the virus must be part of your job. This is different from contracting the virus while at your job. There are two Massachusetts cases that highlight the difference between these circumstances. Perron’s Case from 1949 is a famous workers’ comp case. This case was filed by a nurse who worked in the tuberculosis (TB) ward of a hospital and contracted TB from a patient. The court ruled that “[t]here was sufficient evidence of causal connection between the employment and the tuberculosis contracted by the employee to warrant a finding of the board that the disease arose out of and in the course of her employment.” Basically, exposure to TB was part of that nurse’s job, and she was entitled to workers’ comp benefits. Another case that involved TB exposure was Lussier v. Sadler Bros. In this case, a stitcher contracted TB from a fellow employee at work. However, the stitcher’s job and the shop where she worked had nothing
to do with providing health care services. Unfortunately, as it may be, in this situation the stitcher simply contracted TB while at her job. For this reason, the Reviewing Board denied her claim. Using these two cases as examples, we suspect that health care workers and first responders who contract COVID-19 may have stronger grounds for filing a workers’ comp case. That said, some states have proposed new laws to expand workers’ comp protections to all employees deemed “essential.” If you couldn’t work or needed medical care after contracting COVID-19 and would like to find out if you’re covered by workers’ comp, then please call Spada Law Group at 617.889.5000 for a free telephone or teleconference consultation.
review of the month
“First and foremost, the women that helped me through the horrible accidents I had could not be more helpful and compassionate. The most important thing to me is that I was dealing with caring, compassionate people. Robyn, who handled my case, worked hard to get me the money that I deserved. “Before seeing Spada Law Group, I had gone to a lawyer who not only lost a case but also made me feel like I was not worth the effort. Robyn not only took on that case but also retrieved the funds I had coming to me with care and compassion.
receptionist and the woman who interviewed me. Leonor is caring and made my interview so comfortable. No matter what the case was, the two girls saw me through a period of hard times and supported me through that difficult time. I thank you, Robyn and Leonor! You women work hard for your money with compassion that is rare to find and much to be treasured. I would also like to mention Mikeyla, who was so pleasant whenever I called. Thank you, Mikeyla, for being so helpful.” –Linda F.
“That, to me, made me want to let people know that if you are having trouble finding a good law firm, go to Spada and ask for Leonor, who is the
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