Does COVID-19 Qualify for N.C. Workers’ Compensation Benefits?

Despite a stay-at-home order in North Carolina during the COVID-19 pandemic, many people work in jobs that are deemed essential. They are continuing to report to work on a daily basis. Normally, North Carolina workers who become ill because of occupational exposure to disease expect to qualify for workers’ compensation.

A closer look at North Carolina’s workers’ compensation law raises questions as to whether the COVID-19 coronavirus would be considered an occupational disease. At this point, the workers’ compensation lawyers of Younce, Vtipil, Baznik & Banks, P.A., in Raleigh believe some cases of work-related coronavirus illness may be covered by workers’ compensation while others may not. A state government response could change how workers’ comp approaches COVID-19 cases in North Carolina.

If you are diagnosed with coronavirus and believe that you were exposed while on the job, we suggest you follow the steps below, apply for workers’ compensation and contact a workers’ compensation attorney.

Our legal team includes Chip Younce and David E. Vtipil, who are both North Carolina Board Certified Specialists in workers’ compensation law. We are continuing to accept workers’ compensation cases and are providing free initial consultations remotely in accordance with social distancing guidelines recommended by health officials.

Contact us now at 919-661-3000 to schedule your free consultation.

How Does N.C. Workers’ Comp Law Define ‘Occupational Illness’?

Gov. Roy Cooper’s executive order closing many North Carolina businesses during the pandemic states that certain businesses, essential to the response to COVID-19, to the infrastructure of the state and nation, and to the day-to-day life of North Carolinians, shall remain open. The order lists 29 types of businesses and an additional seven types of retail establishments that are essential and allowed to remain open.

Workers’ compensation insurance, which most businesses are required to have, pays medical benefits and a portion of wages to most employees who cannot work because of an injury or illness contracted during the performance of their job duties. Workers’ compensation reimburses the ill or injured worker for all medical costs, including hospitalization, medications, rehabilitation, and more.

In a workers’ compensation claim, the employee would need to show that:

• Their illness is identified by statute as an occupational disease, or
• They contracted the disease from exposure at a job site and/or while performing their job duties, or
• Because of their job duties, the ill employee is at greater risk than the general public for contracting the disease.

North Carolina’s workers’ compensation law lists about 30 illnesses and conditions that the state considers to be occupational diseases (N.C.G.S. § 97-53). The law also defines occupational disease as:

Any disease … which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment.

The final clause of the statement above is meant to apply to common communicable diseases, like the flu or measles. Because COVID-19 is a pandemic, some are already arguing that any worker who contracts the coronavirus would have been equally exposed to the virus outside of the work environment. However, an employee in an essential job such as a health care worker might argue they are at greater risk of contracting the virus than the general public as a result of their job duties treating patients.

In the end, it may be up to state leaders to mandate a workers’ compensation response to COVID-19. Insurance Journal, which publishes business news for the property and casualty insurance industry, says two states – Kentucky and Washington ­– have guaranteed workers’ compensation benefits for health care workers and first responders who contract COVID-19.

The National Council on Compensation Insurance, which analyzes industry trends and advises states about workers’ comp rates, says at least 10 states are requiring general health insurance programs to cover coronavirus.

File for Workers’ Comp if You Got COVID-19 from Your Job

If you or a loved one of yours has contracted the COVID-19 coronavirus and you believe it was due to exposure while on the job, you should apply for workers’ compensation benefits.

You should:

• Notify your employer in writing. Send your employer an email or letter that states that you have been diagnosed with coronavirus and that you believe you contracted the virus at work. Identify a specific source or reason why you think you caught the virus at work. In general, you have 30 days after a diagnosis to notify your employer. However, if you were too ill or other circumstances prevented prompt notification, an attorney can help you.
• Tell your doctor. Let any physician who treats you or your loved one know that you believe that your exposure to COVID-19 was job-related. Medical professionals will likely ask about contacts, and you should tell them when, where, and how you were exposed. Follow up in writing. A coronavirus victim may lose the ability to communicate, loved ones will be excluded from treatment areas and doctors are too busy to respond now, but putting the circumstances of your illness in writing preserves it as evidence for a claim later.
• Track your illness and expenses. While under care for coronavirus, you and/or a loved one should maintain a record of treatment, time out of work, and receipts for all costs associated with your illness and recovery. Be sure to follow doctors’ orders as well as any government orders regarding the COVID-19 pandemic.

You actually have two years from the date of diagnosis to file a workers’ compensation claim in North Carolina. Your primary focus, for now, should be recovering from the infection. However, we understand that medical bills will not wait for two years. When you are able, you should file a claim with your employer or by submitting a completed Form 18 to the N.C. Industrial Commission.

Save a copy of your completed Form 18 for your files and mail a copy to your employer.

Then we suggest contacting an experienced North Carolina workers’ compensation lawyer to help you get ready for what may be a fight to substantiate a workers’ comp claim for coronavirus benefits.

Contact Us About COVID-19 Workers’ Comp Claims

There are many open questions about what will happen when the COVID-19 pandemic subsides. Coronavirus workers’ compensation claims will likely be handled on a case-by-case basis with many employers and insurers disputing claims, which may amount to tens of thousands of dollars in medical bills per case.

The experienced North Carolina workers’ compensation attorneys at Younce, Vtipil, Baznik & Banks, P.A., in Raleigh are accepting cases related to the COVID-19 pandemic. We offer a free initial consultation and our experienced attorneys to fight for you on a contingency fee basis. Contact us ASAP online or at 919-661-3000.

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