Workers' Comp and COVID-19 FAQs

Every employee in New York State is covered under the Workers' Compensation Law. Every employer is required to buy a policy and the employee does not contribute to this policy whatsoever. Your private health insurance is not supposed to pay for work-related conditions - so, you should file a workers' compensation claim if you have a work-related injury or illness. You receive medical coverage through workers' comp. No co-pay, no deductible. You are entitled to monetary benefits if you cannot work as a result of this condition.
If you work in a facility where you know you were exposed to a patient or another co-worker who tested positive for COVID-19, that is a specific incident you can identify - as an accident. If you are a healthcare provider whose job it is is to deal with coronavirus positive patients but you cannot state your exact date, time, or location of your exposure, that could be considered an occupational disease. Throughout your work activities, you were exposed to COVID-19 positive patients. Either case, if it is an accident or an occupational disease, keep note of your exposure in the event you must testify. Workers' compensation is a NO-FAULT system.
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