Nearly four years ago, the COVID-19 pandemic struck the United States. The unprecedented event resulted in an alarmingly high number of cases—some mild, but others severe, long-lasting, and even fatal. Even after four years of this “new normal,” the workers’ compensation industry has yet to catch up. Currently, little support exists for workers who attest to catching COVID at the workplace. We look at why and provide updates about the current state of workers’ compensation for COVID.

One such COVID-related condition is referred to as “long COVID” or “long-haul COVID.” As we’ve covered before, the lingering effects of the initial virus are a new ailment in itself. Long-haul COVID, also known as post-acute sequelae of SARS-CoV-2 infection (PASC), refers to a range of symptoms that persist beyond the acute phase of the illness, lasting for weeks or even months. These symptoms can vary widely and may include persistent fatigue, shortness of breath, joint pain, brain fog, and more. Long-haul COVID can affect anyone, regardless of the severity of their initial infection, and it has raised concerns about its potential impact on individuals’ ability to work effectively.

New findings from the Workers’ Compensation Research Institute (WCRI) purport long COVID now accounts for 6% of all workers’ compensation claims. Many of those claims, however, are dismissed due to various states’ strict handling or total denial of benefits relating to the persistent illness. In some cases, states have provisions for an initial COVID-19 diagnosis, but fail to account for long COVID. In other cases, states limit coverage to only front-line personnel and deny coverage for workers in other sectors.

These inconsistencies are largely due to the unprecedented nature of the virus. Just as COVID-19 was initially challenging to categorize within the system due to its widespread nature and indemonstrable causation, long-haul COVID has sparked further discussions around its inclusion as a compensable event. According to the United States Department of Labor Office of Workers’ Compensation Programs, any workers’ compensation claims for COVID must abide by the following procedures:

1. Time: the claim was filed within the time limits 
2. Employment: the injured worker is classified as a employee 
3. Evidence: evidence of COVID-19 diagnosis; evidence of the events or employment factors alleged to have occurred
4. Work-Relatedness: the events or employment factors happened while the employee was in the workplace or performing work duties
5. Proven Causation: COVID-19 is found by a physician to be causally related to the established event or employment factor

Since our last look at workers’ compensation for long-haul, not much has changed within the system. New cases have emerged with undesirable results for workers. As more individuals grapple with the lingering effects of COVID-19, it becomes imperative for employers, providers, and policy makers to address the shortcomings of the current operation.

Workers’ compensation can serve as a vital lifeline for those whose ability to work has been compromised by long-haul COVID, but navigating the complexities requires careful consideration, documentation, and a commitment to providing support during these uncertain times. An experienced workers’ compensation attorney can help. If you or a loved one have experienced an impact on work due to COVID-19 or long COVID, contact Poirier Law Firm today.