COVID-19 and Workers' Compensation: A "Miniscule" Chance?

Recently leaders in Arkansas were asked about workers compensation as it relates to coronavirus Worker’s Compensation claims. The governor of Arkansas indicated in a straightforward manner that he had clarified with the director of the workers compensation office in the state that an employee who catches COVID-19 at the workplace can file and receive coverage for the condition if it can be demonstrated that the disease was contracted at work. The governor stated they would be covered by workers compensation if there is a causal connection between their employment and their contraction of the virus.

 

Recently leaders in Arkansas were asked about workers compensation as it relates to coronavirus Worker’s Compensation claims. The governor of Arkansas indicated in a straightforward manner that he had clarified with the director of the workers compensation office in the state that an employee who catches COVID-19 at the workplace can file and receive coverage for the condition if it can be demonstrated that the disease was contracted at work. The governor stated they would be covered by workers compensation if there is a causal connection between their employment and their contraction of the virus.

 

Others including the president of the Arkansas Chamber of Commerce and the attorney for the AFL-CIO discounted these statements, indicating that approving such a claim would be a practical impossibility. The attorney for the AFL-CIO stated that this would be nearly impossible and the odds of it being successful would be minuscule. He further stated this would remain true even if the business in question was a known COVID-19 hotspot.

 

Actually disagree with this conclusion. Obviously with the disease in community transmission it conceivably could come from anywhere. But we are talking about a standard of more likely than not, not a standard of beyond reasonable doubt such as in a criminal case. If there is an area that is a known hotspot and the individual employee in question generally is not out in the community with opportunity for exposure to a great degree, and the employee was surrounded by folks who did contract the disease on the job or had it while he or she was on the job, I believe this standard of proof would be met.

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