Since March 2020, Virginia and the United States have been affected by the Covid 19 pandemic. However, people have had to go to work. Often the job exposes the worker to Covid. If one is infected with the virus, this can mean medical bills, lost time from work, and even disability. If an infection occurs on the job in Virginia, the worker may wonder if their employer’s workers’ compensation insurance will cover this. In Virginia the answer is complicated.

First, On July 1, 2021, Virginia enacted a new law establishing a presumption that healthcare workers and first responders who contracted Covid acquired it on the job. This law is retroactive to March 22, 2020 and expires on December 31, 2021. This should allow healthcare workers and first responders to obtain workers’ compensation coverage if they acquired Covid during this period.

Second, if the worker is a firefighter or police officer and acquires the disease, there may be a possibility of coverage.

Third, If the worker is in a service industry such as retail or a server, it can be very difficult to get coverage through their employer. This is so because the virus is something that the public is exposed to and not just the worker who is in retail or who is a server.

If the worker has an infection, then the employee can apply for coverage from their employer’s insurance company. If coverage is denied, then it would be prudent to seek the advice of an attorney experienced in Virginia Workers’ Compensation law. A complaint would be filed with the Commission. If the carrier still denies it, then the Commission will schedule a hearing before a Deputy Commissioner. At the hearing, the claimant can testify and present evidence about his presentation. The Deputy Commissioner must decide if the exposure meets the requirements of an ordinary compensable illness of life. The law that governs this is Section 65.2-401 of the Va Code. If the worker is not a health care worker, firefighter, or police officer, then the employee will likely have to prove that he did not acquire the disease outside of the workplace, which may be an insurmountable hurdle. In addition, the sick worker will likely have to establish occupational exposure using a clear and compelling standard of evidence under the statute. Unfortunately, under the law, it can be very difficult to cover this type of problem.

In some states, governments have decided that the disease will be covered if it is shown that the worker acquired it in the workplace. The practical problem is how can one prove that it was acquired in the workplace and not from the general public? It seems to be pretty well known by now that the virus can be acquired anywhere.

Virginia has not taken any steps to extend coverage for Covid 19 cases at this time in workers’ compensation cases.