Can I claim injury or illness compensation from catching COVID at the workplace?

With the increasing number of COVID-19 cases in South Australia, workers compensation claims are expected to rise as restrictions ease and international borders reopen. This leaves businesses more susceptible to lawsuit by employees who may fall sick at work.

COVID-19 is classified as a disease under the Safety, Rehabilitation and Compensation Act 1988. An employee who contracted COVID-19 at work will be able to make a claim for workers compensation through state-based Work Cover schemes. However, an employee who believes they contracted COVID-19 due to the employer’s negligence or fault, may be able to claim damages from their employers.

In South Australia, employees may be entitled to claim compensation pursuant to the Return to Work Act 2014 (SA) provided they meet the criteria set out in section 7 of the Act. According to the Act, the injury sustained must arise from the course of their employment and that such employment significantly contributed to the cause of injury.

Akin to other workers compensation claim, the cause of the employee contracting COVID-19 will be investigated to find out the requisite causal connection with employment. In the event where the employee exhibits the onset of symptoms some days after contracting COVID-19, it may pose difficulty for insurers and employers to ascertain the location and source where the employee contracts COVID-19. For instance, if the employee contracted the virus and the origin is traced back to a restaurant the employee visited, then the employee would not be entitled to make a compensation claim. The real challenge for a successful claim is to obtain proof that the employee contracted COVID from work, however, the implementation of contact tracing can assist the determination of the claim.

COVID-19 has also impacted businesses and the workforce that subsequently led to reduced hours, staff redundancy and business closure. This causes an increasing number of claims for psychiatric injury due to anxiety, stress and other psychological effects experienced by the employees. An increasing trend of psychiatric injury claims can be seen especially from essential workers on the front-line who are facing the pressure during the recent uptick of COVID-19. Regardless of your risk factor, if an employee contracted COVID-19 from work, they may still be able to claim compensation.

An employer has a duty to ensure a safe workplace environment and must implement all reasonable and practicable measures while an employee who is affected has the right to claim workers’ compensation.

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If you are an employer or an employee who requires advice on workers compensation arising from COVID-19, HandO Lawyers are here to help. We are now offering online services in both English and Chinese.

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Please note that this article does not constitute legal advice, and HandO Lawyers will not be legally responsible for any actions you take based on this article.