New York City COVID-19 Workers’ Compensation Lawyers

When Is COVID-19 Compensable under New York Workers’ Compensation Laws?

Like any other injury or illness that qualifies for workers’ compensation, COVID-19 exposure must be related to the employee’s work to be compensable under the state’s workers’ compensation laws. In other words, you must prove that you were exposed to or contracted COVID-19 because of your employment, as a result of your working conditions, or in some other way related to your job.

Once you file a claim, your employer’s workers’ compensation insurance provider will determine whether your claim is compensable. If it disputes or denies your claim, you can file an appeal and provide evidence to support your case before a Workers’ Compensation Board judge during an appeal hearing.

Who Is Most at Risk of Being Exposed to COVID-19 at Work?

Healthcare workers, followed by anyone who interacts with the public, are the most at risk of being exposed to and/or contracting COVID-19 as a result of their employment.

Specifically, some of the most at-risk occupations include:

• Emergency room doctors, nurses, and staff
• Dentists, dental hygienists, and dental office workers
• Physician assistants (PAs)
• Family and general practitioners
• Cashiers
• Respiratory therapy technicians
• Hospital workers
• Patient care assistants (orderlies)
• Registered, licensed practical, and licensed vocational nurses
• First responders, including EMTs and paramedics
• Radiologic technicians
• Grocery store workers
• Servers, bussers, cooks, and other restaurant workers
• Bus drivers, taxi drivers, and other professional transportation operators
• Food delivery persons
• Uber, Lyft, and other rideshare drivers
• Corrections officers
• Retail workers

While essential workers have statistically had the highest risk of being exposed to COVID-19 at work, easing restrictions and guidelines have led to non-essential employees returning to work. The prevalence of COVID-19 means that essentially all workers are at risk of occupational COVID-19 exposure.

Some risk factors for on-the-job COVID-19 exposure include:

• Close contact with the public/others
• Physical proximity to coworkers, customers, and others
• Frequency of exposure to infection and/or disease

Unsurprisingly, those who are required to be in close physical proximity to others with frequent contact and high rates of exposure are most likely to contract or be exposed to COVID-19 at work.

What Workers’ Compensation Benefits Are Available for COVID-19?

If you can demonstrate that your exposure to COVID-19 was related to your work, you may be entitled to the following workers’ compensation benefits:

• Medical expenses paid for by your employer’s workers’ compensation insurance provider or self-insured employer, including costs related to all necessary and reasonable treatments, medications, and other medical services
• Wage replacement benefits, including both temporary and permanent disability (partial or total), paid at a rate of 2/3 your average weekly wage
• Miscellaneous out-of-pocket expenses, such as mileage reimbursement for travel to and from medical appointments, costs associated with medical devices or equipment, and more