Workers' comp and COVID-19: What WA's essential businesses should know

With Washington businesses continuing to operate under Governor Jay Inslee's "Stay Home, Stay Healthy" order in the wake of the global COVID-19 pandemic, workers' compensation may not be of primary concern. As we all play our part to try to "bend the curve," however, it's inevitable some employees may face increased exposure risk as part of the essential workforce still operating throughout the state, meaning essential businesses could find themselves dealing with an unexpected avalanche of COVID-related workers' comp claims. By planning ahead and taking some relatively straightforward precautions, essential businesses can minimize their risk of contending with successful claims, all while protecting their vital workforce from the disease.

COVID-19 as work-related condition

Generally, workers' comp claims are approved only if the claimed injury or illness resulted from work-related activity. While it's unlikely that contracting COVID-19 could be considered an industrial injury, an infected worker may be able to establish an occupational disease claim. Under Washington law, to be compensable an occupational disease-related disability must have (1) naturally arisen from and (2) been proximately caused by the claimant's employment. To establish those elements, the employee must show: