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Do I Have a Case If I Contracted COVID-19 at My Workplace?

maximios December 7, 2025

Not everyone was able to work from home when New Jersey issued shutdown orders in response to the Coronavirus pandemic. For those who still had to report to work each day, they risked contracting COVID-19 from a co-worker, an employer, a client, or vendor who they came in contact with at the office. If you contracted COVID-19 at your workplace, do you have a case for workers’ compensation? The NJ workplace injury attorney from Rossetti & DeVoto, P.C. can answer your questions.

Workers’ Compensation Covers COVID-19?

This is a difficult question to answer because traditionally, workers’ compensation does not cover illnesses spread by the community. Why? These illnesses, like the flu and the common cold, are difficult to pin down as to how you contracted it. It’s tough to prove that you fell ill while performing your job duties. But, an NJ workers comp attorney can help determine a course of action.

NJ Workplace Injury Attorney: How States Handle Workers’ Comp and COVID-19

An NJ workers’ comp attorney will be able to review your case and explain whether or not you will have a legitimate shot at winning a claim. However, it’s a good idea to explore how states have handled workers’ compensation and COVID-19.

As of right now, New Jersey did not adopt any changes. This is in regards to those who contract COVID-19 at work and the administration of their workers’ compensation. However, AB 3998 has been proposed, according to our NJ workplace injury attorney. This bill would extend certain supplemental benefits through workers’ compensation. This is for the surviving dependents of an essential worker who dies during the course of their employment. NJ introduced the bill on May 4, 2020.

Only 14 states have taken action to include COVID-19 as part of their workers’ compensation benefits. There have been six states that enacted legislation that creates a presumption of workers’ compensation coverage for various types of workers during the pandemic. Four states limit this coverage to only healthcare workers and first responders. One state (Illinois) covers all essential workers.

What if I was Deemed an Essential Worker?

When the pandemic reached the United States, certain groups of employees were labeled as essential. However, they were not essential in the past. For example, grocery store employees, transit employees, and even teachers have been considered essential. On top of these groups, you already have police officers, firefighters, EMTs, paramedics, healthcare workers, and many others. 

Simply being labeled as an essential worker does not mean that workers’ compensation will be issued if you contract COVID-19 on the job. That’s why you must speak with an NJ workplace injury attorney about your individual situation. 

Contact an NJ Workers’ Comp Attorney Today

If you displayed any symptoms of COVID-19 and tested positive for the virus, it is important that you speak with an NJ workers comp attorney from Rossetti & DeVoto, P.C. as soon as possible about your case. Call our office at 856-354-0900 to schedule a consultation today. Our NJ workplace injury attorney or NJ workers comp attorney can help you file a workers’ compensation claim after reviewing your case.

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