Can I file an Ohio workers' comp claim for COVID-19?

Are Ohio employees who get coronavirus eligible for workers' comp?So much is still unknown about how coronavirus disease (COVID-19) will affect the workforce in Ohio, but one thing is certain—it will take a toll. The threat of infection and efforts to curb the spread are already having a major impact on workplaces throughout the state.

However, as the virus spreads, and more people get sick, what role will workers' compensation play?

Industrial Commission Hearings Canceled

From a procedural viewpoint, the effects of COVID-19 have been swift. To avoid potential exposure to the virus, the Ohio Industrial Commission (OIC) suspended all hearings scheduled for March 16–17, 2020 and announced that beginning March 18, 2020, hearings will be conducted over the phone for permanent total disability, temporary total disability or the termination of temporary total disability, wage loss, allowance, and additional allowance. OIC plans to evaluate the process and make changes as necessary.

Filing a Claim If You Get Infected at Work

On to the important question: if you believe you contracted coronavirus disease through workplace contact, can you file a claim for workers' compensation? Possibly—if you can answer yes to these questions:

  • Is COVID-19 an occupational disease for you? Occupational diseases are covered by workers' comp, but what kinds of illnesses fall into this category? That depends on your occupation. For example, mesothelioma is an occupational disease for someone who worked with asbestos. Infectious diseases are generally only covered for employees required to come in contact with sick people. So, if you're a healthcare worker or emergency responder and you contract COVID-19, your illness may be covered.
  • Will you miss over seven days of work? From what we know so far, the symptoms of coronavirus vary from person to person. For younger people, symptoms can be fairly mild. If you test positive for coronavirus, you cannot go to work, regardless of how sick you feel. At this time, doctors are ordering patients with the disease to be isolated for 14 days, so it's likely that you'll miss at least two weeks of work. Here, you could qualify for temporary total disability benefits.

This situation is evolving by the hour. Still, generally, if your work does not put you at greater risk of contracting coronavirus disease than the general public, you won't qualify for workers' compensation under current Ohio law. For additional information, you can read the frequently asked questions about coronavirus disease on the​ Ohio BWC website

Contact the Monast Law Office With Questions

If you're a client concerned about an upcoming hearing, or you're a healthcare worker who tested positive for COVID-19, please contact my office by telephone or through the contact form on this page, and I'll do my best to answer your question.

 

James Monast
Connect with me
Fighting for Ohio’s Injured Workers and their Families