As businesses across the U.S. continue to deal with the impact of the coronavirus pandemic, a lot of employers have begun wondering what kind of liability they might face from claims that employees contracted the coronavirus at work. What would an infection mean for workers’ compensation law? California Gov. Newsom provided an answer to that question for employers in his state with the recent signing of an executive order that provides new presumption for COVID-19 diagnosis.
According to Executive Order N-62-20, a worker’s coronavirus-related illness will be presumed to arise out of and in the course of employment for purposes of awarding workers’ compensation benefits. An employee can make a claim as long as they test positive for the coronavirus within 14 days of performing “labor of services” at their workplace. The presumption doesn’t apply if the employee worked from home.