A COVID-19 Infection at Work Often Requires Proof
Workplace Incident Ruling: COVID-19 Exposure Not Instantly Classified as On-the-Job Injury - Workplace Infectious Disease Ruling: No Automatic Assumption of Work-Related Coronavirus Case
In a surprising turn of events, a 45-year-old man, a project manager from Brandenburg, sued his company after he was hospitalized with COVID-19 in April 2021. He argued that the infection was contracted during work meetings with colleagues and the managing director, who also tested positive. Yet, his employer's liability insurance association refused to cover the treatment and compensation costs, labeling the infection as not work-related.
The initial appeal to the Social Court in Potsdam was denied, followed by another appeal to the Higher Social Court. However, despite the man's hopes, the Higher Social Court agreed with the lower court's argument since there was no substantial evidence to confirm the infection happened at the workplace instead of privately. The court asserted that complete isolation in private life cannot be realistically assumed.
The court ruling on May 27, 2025, is not yet finalized. The plaintiff has the option to appeal to the Federal Social Court for a reconsideration.
Essential Employees and COVID-19 Infections
Amid a public health emergency, a COVID-19 infection can be recognized as a work-related accident if the infection occurred due to occupational exposure. For instance, in New Jersey, essential employees during a public health crisis are presumed to have contracted COVID-19 on the job unless proven otherwise[3].
Various factors dictate such decisions, such as an employee's essential status, exposure risks at work, the availability of personal protective equipment, and training and safety protocols[3][5]. Statutory presumptions like the one in New Jersey influence how workers' compensation claims are handled[3].
In brief, proving a COVID-19 infection as work-related often requires concrete evidence demonstrating it happened at work rather than privately. This entails navigating complex factors and potentially encompassing statutory presumptions.
- In light of the court ruling on a COVID-19 infection case, it becomes essential for community institutions and employers to establish robust policy-and-legislation concerning work-related infections, like the statutory presumption introduced in New Jersey for essential employees.
- As politics and general news continue to focus on the management of the pandemic, the need for clear guidelines on workers' compensation for COVID-19 cases becomes increasingly important, given the complexity of determining work-related infections and the potential impacts on institutions and individuals alike.
