States are taking action to extend workers’ compensation coverage to include first responders and health care workers impacted by COVID-19. A common approach is to amend state policy so that COVID-19 infections in certain workers are presumed to be work-related and covered under workers’ compensation.

A common approach is to amend state policy so that COVID-19 infections in certain workers are presumed to be work-related and covered under workers’ compensation. This presumption places the burden on the employer and insurer to prove that the infection was not work-related making it easier for those workers to file successful claims.

In total,14 states have take action to extend workers compensation coverage to include COVID-19 as a work-related illness. Six states have enacted legislation creating a presumption of coverage for arious types of workers. Alska,Minnesota,Utah and Wisconsin limit the coverage to first responders and health care workers. Illinois covers all essential workers and Wyoming covers all workers. Four states have used executive branch authority to implement presumption policies for first responders and health care workers in response to COVID-19. Another four states including California and Kentucky have taken executive action to provide coverage to other essential workers like grocery store employees.

Generally,workers’ compensation does not cover routine community-spread illnesses like a cold or the flu because they usually cannot be directly tied to the workplace.