Corona Virus and Workers' Comp
Question: If I get the coronavirus at work, can I file a workers' comp claim?
Answer: Yes. However, you can bet that the insurance company is going to challenge the validity of a coronavirus claim.
In Nevada workers' compensation, the claimant/injured worker bears the burden of proving their entitlement to benefits by a preponderance of the evidence (NRS 616C.150(1)). What does that mean? A preponderance of the evidence is you proving that, "within a reasonable degree of medical probability," you were exposed to and contracted the disease at work — showing that it's 51% more likely than not that you got the virus at work. How do you prove that?
First: You'll have to provide medical evidence from a physician. The physician has to state that it is her medical opinion that, "within a reasonable degree of medical probability," you were exposed to and contracted the coronavirus at work. The physician can be your family doctor, an urgent care doctor, an emergency room doctor or another qualified physician. The doctor's opinion will have to be in writing.
Second: What facts will you have to prove? You'll have to prove that you were exposed at work, and provide facts to support your claim in addition to the doctor's opinion. For example, you'll have to prove that you weren't equally exposed at home. You'll be asked about your shopping habits and whether you've been going to church or other gatherings. Maybe you can show an outbreak at work, or that a co-employee you worked with has tested positive for the virus (without violating privacy laws).
If you can prove your claim, you'll be entitled to all normal workers' comp benefits — no copays or deductibles on medical services and hospitalizations, free prescriptions, wage replacement payments, a disability evaluation, and potential vocational rehabilitation. But, as I said at the beginning, I fully expect the insurance company, and probably the employer, to highly question a coronavirus claim. The insurance company will have claims adjusters, investigators, physicians and even attorneys at their disposal to question your claim. Who's on your side?