If I Get COVID-19 Through My Work, Am I Eligible For Worker’s Compensation Benefits In North Carolina?  
doctor with face mask

If I Get COVID-19 Through My Work, Am I Eligible For Worker’s Compensation Benefits In North Carolina?

If you contract COVID-19 from a co-worker or through being exposed to someone else who has it at work, you may be eligible for workers’ compensation benefits in North Carolina. Not everyone who contracts COVID-19 through exposure at work will be eligible for workers’ compensation benefits. Eligibility for benefits is dependent upon the particular facts and circumstances of your case. The statute provisions and cases about occupational diseases apply and can be complicated.

Occupational Diseases Under The North Carolina Workers’ Compensation Act

North Carolina General Statute § 97-53 lists a number of conditions/diseases that are recognized under North Carolina law as occupational diseases. If a person has a disease/condition found in that list, then in order to receive benefits, the person only has to prove that the disease/condition was caused by their employment or that their employment significantly contributed to their development of the condition. The most complicated occupational disease cases involve diseases not specifically listed in the statute.

Covid-19 And Other “Unlisted” Occupational Diseases – Additional Evidence Required

COVID-19 and many other occupational diseases are not specifically listed in North Carolina General Statute § 97-53. For “unlisted” diseases like COVID-19, it isn’t enough for the person with the disease to prove that their job caused or significantly contributed to the development of the condition, a person must also prove that their employment placed them at an increased risk of developing the disease as compared to the general public. Rutledge v. Tultex Corp. 308 N.C. 85, 301 S.E.2d 359.

So what does that added requirement mean?

It means that for COVID-19 and other diseases not listed in our statutes, you have to prove that your work caused or significantly contributed to your condition AND that the nature of your work makes it more likely that you would get the disease than other people not in that line of work. As an example with respect to COVID-19, health care workers and emergency first responders are much more likely to come in contact with someone with COVID-19, than a restaurant employee who prepares meals for people to pick up curb-side. That doesn’t mean the restaurant worker can’t contract COVID-19 from a co-worker or customer, it just means a healthcare worker or emergency first responder is more likely to contract COVID-19 because they are more likely to come in contact with someone who has the disease and the “more likely to contract the disease” is part of the legal standard that must be met in order to receive workers’ compensation benefits for COVID-19 contracted at work.

“Unlisted” occupational disease cases can be some of the most complicated and challenging workers’ compensation cases to pursue. If you contract COVID-19 through work or develop any other occupational disease, contact a Board Certified Workers’ Compensation Specialist to answer any questions you may have, advise you as to whether you have a recognized claim and if so, what benefits are available.

To learn more about North Carolina Workers’ Compensation claims, visit our Workers’ Compensation page or contact us today for an evaluation of your case!

Categories



Hear It From Our Clients 

  • “I cannot express how grateful I was to find you.”

    - Ms. Gregory
  • “I was in a bad car accident and the other party was 100% at fault, but the responsible insurance company fought me every step of the way.”

    - Arne
  • “They treated me better than a client I felt like they were family and they were genuinely concerned about me and what I was going through and that meant so much to me.”

    - Monica
  • “James Roane and his team fight with the tenacity, sympathy and empathy that you want in a legal team.”

    - Stephanie
  • “I was seriously injured in a car accident. Roane Law stepped up for me!”

    - Debra M.
/

The Roane Law Difference

You Can Count on Us
  • Millions of Dollars Recovered

    We have been successful with the cases we have taken on and helped our clients recover compensation for their injuries.

  • Understanding & Attentive

    "I understand what you are going through," says James Roane, as he has experienced recovering compensation after a car wreck himself.

  • Countless Cases Handled

    Attorney James Roane is the hardest working attorney in Greensboro, helping countless clients recover compensation.

  • Contingency Fees

    This personal injury firm is also different in that there will be no fees - nor any costs - should there be no recovery.

Tell Us Your Story

All Initial Case Evaluations Are Free
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.