Early in 2020, the workers' compensation boards (WCBs)
across Canada set out criteria by which they would consider whether
a claim for COVID-19 would entitle an employee to workers'
compensation benefits. Generally, in order for someone to be
entitled to benefits, it must be shown that their illness arose out
of and in the course of their employment.
As we move toward getting the country vaccinated against
COVID-19, another question has arisen: if a worker has an adverse
reaction to a COVID-19 vaccine, are they entitled to workers'
compensation benefits?
In all workers' compensation cases, the circumstances
surrounding the claim must be examined in order to confirm whether
benefits are payable. For those provinces that have provided
direction around the compensability of this issue, their stance is
similar. Generally, an adverse reaction to a COVID-19 vaccine may
be considered compensable if:
