Will Workers’ Compensation Cover Employees with Coronavirus in the Carolinas?

Editor's Note: The following is a notification from Cotney Construction Law

By Ashlee Poplin, Attorney with Cotney Construction Law, Licensed and Practicing in NC and SC

North Carolina

Short Answer: Maybe.

Article 1 of the Workers’ Compensation Act § 97-53 lists out specific occupational diseases and conditions that are compensable. Coronavirus had never been contracted by a human prior to 2019 and therefore it was not considered when this Article was drafted. There is an argument to be made under enumerated disease 13 which states “[a]ny disease… which is proven to be due to the causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life which the general public is equally exposed outside of the employment.” This language may provide coverage for health care workers. They would be required to prove that they are exposed at a higher capacity to the coronavirus than the general public. This may come down to an evaluation of where the healthcare professional is working. For example it would be easier to prove that an emergency room healthcare professional assigned to the coronavirus unit of a hospital is exposed to coronavirus at a higher level than the general public than it would be to prove a higher level of exposure for a healthcare professional located in another branch of the hospital or separate facility away from coronavirus patient.

South Carolina

Short Answer: No.

Section 42-1-160 of the South Carolina Workers’ Compensation Act specifically excludes coverage for “a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11.” Chapter 11 goes on to address the specific occupational diseases covered and defines that term to include diseases that are “due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged.” Healthcare workers contracting coronavirus will likely be do so because it is a hazard ordinarily incident to their employment and would not be covered in South Carolina. 

Federal Employees

Short Answer: Yes, if contracted within the performance of their job duties.

The U.S. Department of Labor Office of Workers’ Compensation Program Division of Federal Employees’ Compensation provides full coverage for a federal employee who contracts the coronavirus while in performance of their job duties to cover related medical treatment, wage loss and/or related disability. 

Author’s note: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Learn more about Contey Construction Law - Carolina's, visit their RCS Directory.