Vanessa Palacio, Claims Manager, FRSA Self Insurers Fund
As we all face the pandemic that is COVID-19, a question that comes to mind is whether or not this is covered under workers’ compensation. The general answer is no. Unless you are a first responder or are employed in an occupation where you have a higher chance of exposure, such as a healthcare worker, illness due to COVID-19 is not compensable.
So why is this not considered an injury or illness? Because you cannot prove where you contracted the virus. Under the occupational illness section of the Florida Statutes, you must prove with clear and convincing evidence where you contracted the virus and that the level of exposure was enough to cause the illness. That is a very high legal standard to prove.
Ask yourself, even with the quarantine, where have you been the last two weeks? Have you been to the grocery store, gas station, pharmacy or possibly curbside pick-up for food? Now think, where have your family members been in the last two weeks? It should be easy to see that exactly how you contracted the virus would be impossible to prove. When you think of all the people you have been in contact with and multiply that by the number of people they have been in contact with, there were hundreds of potential exposures over the last two weeks alone.
Hopefully, I didn’t scare you too much, but just know that you are in a line of business that does not have any special presumptions for exposure claims, so any incidents of COVID-19 are not covered.
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