Andrew Ruder of Pond Lehocky Giordano LLP.

The COVID-19 pandemic has completely changed the way businesses are operating, and workplace safety has become top priority. Unfortunately, due to the sudden, economic disruption, many Americans have been laid off and others have been forced to work from home over the last several months. For the brave workers on the front lines, they continue to potentially expose themselves daily to the virus, which could lead to significant health issues or even death especially for those with underlying medical conditions.

If you contract COVID-19 due to exposure at the workplace, it is imperative that you provide notice to your employer within 120 days of contracting the virus. In certain circumstances, however, individuals may not initially realize that their exposure was work-related because a co-worker or client whom they had close contact with did not immediately disclose that they were infected with the virus. In this situation, the start of the 120-day notice period would not begin until the person knows, or by the exercise of reasonable diligence should know, that the virus was contracted at work.

Similar to orthopedic work injuries, individuals suffering from work-related COVID-19 symptoms are entitled to wage loss benefits if they miss more than one week of work and medical coverage for treatment related to the virus. While some may believe that the entitlement to benefits ends once the person is cured from the virus itself, ongoing issues due to complications related to the virus, such as acute respiratory distress syndrome, are also covered under workers' compensation. Additionally, an aggravation or exacerbation of an underlying, preexisting condition caused by COVID-19 is also compensable. In the unfortunate scenario that a spouse or child loses their loved one as a result of work-related COVID-19, they could also be entitled to a weekly benefit paid out on an ongoing basis.

Once the virus began spreading throughout the country, many "nonessential" office buildings have been closed, leaving employees working remotely from home with no end in sight. Naturally, this has resulted in less workplace injuries. However, it is important to remember that an injury occurring during the course and scope of your employment, even while working from home, would be compensable under the Pennsylvania Workers' Compensation Act. For example, you walk out of your home office during working hours to grab a cup of coffee from the kitchen with every intention of drinking the coffee at your desk as you continue to work. However, you never make it back to your desk because you tripped as you were closing your office door and severely injured your knee. There would certainly be an argument to make that the knee injury occurred during the course and scope of employment while working from home; therefore, entitling you to benefits.

Whether you are suffering from work-related COVID-19, ongoing complications that were caused by work-related COVID-19, or an injury that occurred at home while working during the pandemic, it is important to know your rights and the benefits to which you are entitled.