Danielle Parks of Burns White. Courtesy photo COVID-19 Concerns in Workers' Compensation Claims
COVID-19 has injected itself into virtually every area of law, and worker's compensation is no different. This new virus has raised several issues practitioners need to consider when pursuing or defending COVID-19 cases.
October 05, 2022 at 02:59 PM
9 minute read
COVID-19 has injected itself into virtually every area of law, and worker's compensation is no different. This new virus has raised several issues practitioners need to consider when pursuing or defending COVID-19 cases.
The first hurdle practitioners face is how to litigate COVID cases as a work-related injury. There are two ways to establish a claim and the methods are not mutually exclusive. Under Section 301(c)(1), a claimant can plead a COVID-19 diagnosis as a disease as injury claim, while Section 108(n) of the act, a claimant can bring a claim under the occupational disease "catch-all provision."
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