State Workers' Compensation Systems Deal With COVID-19 Claims

A number of  states, including California (by executive order on May 6, 2020), have made it easier for essential workers who contract COVID-19 to obtain workers' compensation benefits by creating a rebuttable presumption that the infection occurred at work.  This flips the traditional burden of proof on workers to establish that an illness or injury is work-related.

States have addressed this issue with a range of approaches, with many states taking no action and others enacting (or considering) legislation or issuing executive orders.  For example, Wisconsin and several other states have enacted a rebuttable presumption that extends only to health care and emergency response employees.  In contrast, other states, such as California, have issued orders covering all or nearly all "essential" employees who are required to work outside of their homes.  Business groups have generally opposed these changes and, in Illinois, for example, the state workers' compensation