Coronavirus could be occupational disease covered by workers' comp

According to the World Health Organization, the novel coronavirus, COVID-19, presents the looming threat of a pandemic that could affect more than 50 percent the world's population. Could contracting the coronavirus be considered an occupational disease for West Virginia workers' compensation purposes? It's possible that in limited cases, at least in the short term, it could be considered an occupational disease that qualifies employees for workers' comp benefits. Let's take a closer look.

West Virginia lays out specific factors

Generally, any illness or disease is considered occupational if it was contracted in the course of and during the scope of employment. However, there are several additional factors to consider in West Virginia before making a final determination about the work-relatedness of a disease.

Specifically, W. Va. Code § 23-4-1(f) provides that an occupational disease is a disease incurred in the course of and resulting from a worker's employment. Section 23-4-1(f) further specifies that no ordinary disease of life to which the general public is exposed outside of employment is compensable except when it follows as an incident of occupational disease.

A disease is considered to have been incurred in the course of employment or to have resulted from employment only if it is apparent to the rational mind that all of the following factors are satisfied: