Coronavirus is the hot topic on everyone’s mind but what happens if you contract Coronavirus as a result of your employment, can you claim workers compensation?
For every Workers Compensation Claim there needs to be an injury and contracting Coronavirus would certainly qualify as an injury. Coronavirus as we have been made aware, currently requires at least a two week quarantine following the end of symptoms to prevent the spread of the virus. Therefore there is an incapacity to work not only while you are sick with the virus but also two weeks following the end of the symptoms.
Some people may simply choose to take personal leave and will have that amount of accrued leave available, while some employers may also pay to have the worker remain in quarantine to prevent other workers being infected.
The question though is, can you claim Workers Compensation?
Under Workers Compensation law section 9A of the Workers Compensation Act 1987 comes in to play. No compensation will be payable in respect to a disease injury unless the employment concerned is the main contributing factor to the injury.
For healthcare workers treating Coronavirus patients this may be a very easy link to prove, provided there is no evidence indicating they were exposed to the virus outside of their employment.
For the rest of society, a case by case review will be necessary.
Other diseases in society such as chicken pox or influenza are not easy to claim workers compensation, simply due to the fact that it is difficult to prove your employment is the main contributing factor of contracting the disease when it is able to be contracted in society generally.
While fortunately at this stage the Coronavirus has not spread to Tamworth or our region, if you think you have a contracted a disease and the main contributing factor is your employment then please contact our office, because Helping You is Our Business.
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