COVID-19 and Workers' Compensation in Georgia

COVID-19 and Georgia Workers' Compensation

The COVID-19 pandemic rocked the world to its core. According to a recent article in the New York Times, hospitalizations in Georgia averaged more than 2,000 per day at the end of 2021. In addition, the state-authorized 2,500 troops from the National Guard to support healthcare workers at hospitals and testing sites.

In light of the surge of infections and hospitalizations, you may be wondering about the impact of COVID-19 and workers’ compensation in Georgia. More specifically, can you file a workers’ compensation claim if you get sick? It’s a tricky legal question.

Can I Get Workers’ Compensation for COVID-19 in Georgia?

If you contract COVID-19 at work in Georgia, it is technically possible to receive workers’ compensation benefits. However, doing so will not be easy. You can only receive workers’ comp benefits for injuries or illnesses you sustain on the job. It can be difficult to prove definitively that you contracted the COVID-19 virus while working.

Unfortunately, the burden of proving that you were infected with COVID-19 in the course of your employment rests with you. To obtain workers’ comp benefits for COVID-19, you must be able to demonstrate:

  • There is a direct causal link between the conditions of your workplace and the fact that you contracted COVID-19.
  • Your infection was due to a natural incident of exposure that occurred because of your employment.
  • You were not likely to have substantial exposure to COVID-19 outside of work
  • COVID-19 is not an “ordinary disease of life” that you would normally be exposed to as a member of the general public.
  • The origin of your exposure to COVID-19 is connected to and a natural consequence of the risks of your employment.

As you might imagine, proving that you were unlikely to be exposed to COVID-19 outside of work or as a member of the general public is a tall order. Your employer, their workers’ comp insurance provider, and the Georgia State Board of Workers’ Compensation (SBWC) will likely consider the following factors when investigating your workers’ comp claim:

  • The length of your employment and your job duties
  • Your medical records and COVID-19 test results
  • Your symptoms, diagnosis, or treatments
  • Your claims about where, when, and how you were exposed
  • Whether your co-workers, clients, vendors, customers, or patients tested positive for COVID-19
  • Other ways you might have been exposed to the virus, such as through family or friends
  • Any trips you took, for personal or business purposes
  • Where, when, why, and for how long you have traveled recently for any purpose
  • Any secondary or tertiary jobs you have
  • Whether you use mass transit, public transportation, or carpools to travel
  • Any events you attended before testing positive, such as concerts or sporting events
  • Your social media activity

How Can COVID-19 Impact My Workers’ Comp Claim?

Here are the answers to some frequently asked questions about the impact of COVID-19 on workers’ comp claims:

  • If I must quarantine because of possible COVID-19 exposure at work, am I entitled to temporary total disability (TTD) benefits?

No, not unless you test positive for COVID-19 and can prove that you were infected at work.

  • If I can prove that I was exposed to and infected by COVID-19 at work, what types of benefits could I receive?

You would likely be entitled to the medical care needed to treat COVID-19 and TTD benefits for your time away from work. If you die due to a COVID-19 infection, your surviving family members would be entitled to death benefits.

  • Is my employer required to pay for my COVID-19 test?

No, your employer is not obligated to pay for COVID-19 tests, even if you must take a test to rule out a COVID-19 infection for work. However, there are free COVID-19 testing sites across Georgia.

  • Can my employer terminate my workers’ comp benefits if I refuse to seek treatment for COVID-19 because I am afraid to go to the doctor during a pandemic?

Yes, you are required to submit to medical treatment provided by your employer.

Keep in mind that the answers to these questions are subject to change as the pandemic continues to impact Georgia workers.

Contact a Workers’ Compensation Lawyer for Help Today

At the Law Offices of William F. Underwood, III, P.C., our Georgia workers’ compensation attorneys can help you protect your rights as a worker and aggressively pursue the benefits you deserve. If you contracted COVID-19 at work, contact us today to learn more about your legal options in a free consultation.