A COVID-19 diagnosis may be a compensable work injury. If you contracted COVID-19, or any other virus, as result of an exposure or at work you should file a workers’ compensation claim. DO NOT WAIT! You should also immediately notify your employer and obtain appropriate testing to confirm your diagnosis (if at all possible) as you will need to prove that your COVID-19 is work-related.
Many employers are telling their workers they can’t file a claim, or to file for unemployment. You should file a workers’ compensation claim using an 801 claim form, and also apply for unemployment benefits. If you need help filing the 801 claim form you should call an attorney for assistance.
Contracted COVID-19 at Work: Am I Covered by Workers Compensation?
Right now there are efforts being made to pass special legislation in Oregon to protect as many workers as possible who were exposed to COVID-19 as a result of their work duties. It is unclear which workers will be covered under these special rules or when any special rules will be passed by the Oregon legislature. We are hoping that anyone determined to be an “essential worker” as defined by Governor Brown’s Executive Orders will be “presumed” to have contracted COVID-19 as a result of their workplace exposure. Even if you are not an “essential worker” and you believe you contracted COVID-19 due to an exposure at work you may still be covered, but may have a higher burden of proof to establish the compensability of your claim.