SPECIAL EDITION | Coronavirus & Comp Updates
- Compensability and Burden of Proof
A nursing home employee or in-home health care professionals can prove a compensable coronavirus claim, by showing that their coronavirus diagnosis:
1. arose out of and in the course of the employment;
2. did not come from causes outside of work; and,
3. that coronavirus is an infectious or contagious disease contracted in the course of employment in a nursing home or in the direct delivery of healthcare.
The second and third elements will likely be the most difficult to prove.
Nursing Homes are at the Highest Risk of Being Affected
However, as COVID-19 spreads in the United States, confirmed cases in nursing homes and long-term care facilities have continued to rise. The Centers for Disease Control and Prevention (“CDC”) has indicated that nursing homes are at the highest risk of being