As of April 18, The New York Times reported that there are 29,398 documented positive cases of COVID-19 in California; 1,050 of those have resulted in death. (https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html#states.) While there is no clear data on how many of these cases are the result of workplace exposures, it is a foregone conclusion at this point that workers who are out in the public have a greater opportunity to contract the disease. Workers who contract COVID-19 at work will be entitled to seek workers’ compensation benefits; however, as set forth herein, proving such a claim may be challenging for many.

Generally speaking, a worker is entitled to workers’ compensation benefits for an injury or illness which “aris[es] out of and in the course of the employment.” Labor Code §3600. An injured worker needs to show that “industrial causation is reasonably probable.” Viewed another way, the workers would need to “establish by a preponderance of likelihood the fact that his [or her] disability arose out of and happened in the course of employment.” McAllister v. WCAB (1968) 69 Cal. 2d 408, 417-18.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]